1 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF...

1 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

2 COUNTY OF WAKE SUPERIOR COURT DIVISION

3 10-CVS-019930

4

5 BRIAN CECCARELLI and LORI

6 MILLETTE, individually and

7 as class representatives,

8 Plaintiffs,

9 vs.

10 TOWN OF CARY,

11 Defendant.

12 ______________________________

13

14

15 The Deposition of JOSEPH E. HUMMER, Ph.D., P.E.,

16 Taken at 5050 Anthony Wayne Drive,

17 2170 Engineering Building, Second Floor,

18 Detroit, Michigan,

19 Commencing at 9:28 a.m.,

20 Wednesday, October 17, 2012,

21 Before Helen F. Benhart, CSR-2614.

22

23

24

25 Job No. AMB201292

Veritext Corporate Services800-486-9868 973-410-4050

1 APPEARANCES:

2

3 PAUL STAM - Via telephone

4 Stam & Danchi, P.L.L.C.

5 510 West Williams Street

6 Apex, North Carolina 27502

7 919.362.8873

8 Appearing on behalf of the Plaintiffs.

9

10 ELIZABETH A. MARTINEAU

11 Martineau King

12 200 South College Street

13 Suite 1550

14 Charlotte, North Carolina 28202

15 704.247.8524

16 Appearing on behalf of the Defendant.

17

18

19

20

21

22

23

24

25


1 TABLE OF CONTENTS

2

3 WITNESS PAGE

4 JOSEPH E. HUMMER, Ph.D., P.E.

5

6 EXAMINATION

7 BY MR. STAM: 5

8 EXAMINATION

9 BY MS. MARTINEAU: 110

10 RE-EXAMINATION

11 BY MR. STAM: 156

12

13 EXHIBITS

14

15 EXHIBIT PAGE

16 (Exhibits attached to transcript.)

17

18 DEPOSITION EXHIBIT 1 11























15

16

17

18

19

20

21

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23

24

25


1 Detroit, Michigan

2 Wednesday, October 17, 2012

3 9:28 a.m.

4

5 JOSEPH E. HUMMER, Ph.D., P.E.,

6 was thereupon called as a witness herein, and after

7 having first been duly sworn to testify to the truth,

8 the whole truth and nothing but the truth, was

9 examined and testified as follows:

10 EXAMINATION

11 BY MR. STAM:

12 Q. My name is Paul Stam, attorney for Brian Ceccarelli

13 and Lori Millette. For your information,

14 Mr. Ceccarelli is here with me and can hear. Just for

15 my information, is anyone present other than the court

16 reporter, Ms. Martineau, and yourself?

17 A. No.

18 Q. What is your name and business address?

19 A. Name is Joseph Hummer. Business address is Department

20 of Civil and Environmental Engineering at Wayne State

21 University, Detroit, Michigan 48202.

22 Q. Do you have your resume or curriculum vitae with you?

23 A. Yes.

24 Q. I would like to have that marked as Plaintiff's

25 Deposition Exhibit 1 and just ask you if that is an


1 accurate and current resume.

2 A. Yes. The one I just printed out here we're marking as

3 Exhibit 1 is recently updated with my address change,

4 so it must be just slightly different from one that

5 you see from a few weeks ago, but in substance it is

6 the same.

7 Q. Thank you very much. You have been a professor of

8 engineering, is that correct?

9 A. Yes.

10 Q. And you have a doctorate in engineering?

11 A. Doctorate in civil engineering, yes, Purdue

12 University.

13 Q. In the course of your obtaining this doctorate and

14 undergraduate education as well, have you studied

15 physics?

16 A. Yes. I believe I had a two physics courses back

17 during my bachelor's degree days at Michigan State.

18 Q. Really? I went to Michigan State as well.

19 A. Excellent. Go Spartans.

20 Q. Go Spartans. Other than two undergraduate courses in

21 physics, have you had other courses in physics in your

22 education -- formal educational training?

23 A. I don't think so. I don't remember it.

24 Q. What is the dictionary definition of engineering?

25 MS. MARTINEAU: Objection to the form of


1 the question. We don't have a dictionary here.

2 MR. STAM: Let's see if he can answer it.

3 If he can't, I'll ask a different one.

4 MS. MARTINEAU: I think he can say what he

5 thinks the definition is, but I don't think it's --

6 MR. STAM: That's my question is.

7 BY MR. STAM:

8 Q. Dr. Hummer, you're a professor of engineering. You

9 have a doctorate in it. What do you think the

10 dictionary definition of the term engineering is?

11 MS. MARTINEAU: Same objection as to

12 dictionary. Go ahead and answer.

13 THE WITNESS: My definition of engineering

14 is the application of scientific principles to solve

15 difficult technical problems.

16 BY MR. STAM:

17 Q. Do those scientific principles include the disciplines

18 of math and physics?

19 A. Yes, and many others as well.

20 Q. What does -- in traffic engineering, what is the -- in

21 the operation of the roads, what does the yellow light

22 mean?

23 A. Yellow light is a warning that the red light is about

24 to begin.

25 Q. Is that its only purpose?


1 MS. MARTINEAU: You asked him what the

2 definition was.

3 MR. STAM: No. I asked him what does the

4 yellow light mean.

5 MS. MARTINEAU: Right, and now you're

6 asking him the purpose, so objection to the form of

7 the question. Go ahead and answer if you can.

8 BY MR. STAM:

9 Q. Does it mean anything -- I'll rephrase the question.

10 Does it mean anything other than what you just said,

11 which I believe was something to the effect that

12 yellow warns the drivers that a red light is coming?

13 A. No. That is the purpose.

14 Q. What is the purpose of having a minimum length for a

15 yellow light?

16 A. Well, there's several purposes that come to mind. One

17 purpose is, one very important thing to us in timing

18 the yellow light is uniformity, that drivers

19 approaching an intersection, approaching a signal know

20 what to expect. That is we put a high priority on

21 that and feel like that saves many lives and many

22 collisions, and a minimum yellow time ensures that

23 we're just not flashing the yellow at drivers, that

24 they will know to expect and they do expect at least a

25 certain amount of time.


1 In addition to that, there is -- needs to

2 be time for drivers to use the information that we've

3 given them to make a decision and either get their

4 vehicle stopped before they cross the stop bar or to

5 decide to proceed through the intersection in a

6 minimum time to get those drivers who are making a

7 decision to go through to indeed get through the

8 intersection.

9 Q. What information does the driver need to have in order

10 to make that decision?

11 A. Well, the driver needs a lot of information. Drivers

12 are always bringing in, integrating information from

13 their surroundings. What do they need to have at a

14 very minimum, they need to know what speed they're

15 going, they need to make a judgment of how far it is

16 from where they are to the stop bar, they need to know

17 what the surrounding traffic conditions look like,

18 they need to know what kind of movement, maneuver

19 they're making when they get to the intersection and

20 then there's probably -- if we sat here and listed it,

21 there's a hundred other things that they should use or

22 could use in helping make that decision. It's a -- as

23 drivers we're taking in information from all kinds of

24 different sources constantly.

25 Q. The term ITE I believe is Institute of Transportation


1 Engineers. Are you familiar with that?

2 A. Yes. I'm a member of that organization.

3 Q. If the driver decides to proceed toward and into the

4 intersection, according to ITE, what speed must the

5 driver go?

6 A. I don't think ITE prescribes that speed. I'm

7 searching through my mind right now to recall what --

8 and I don't remember that there's an ITE publication

9 that prescribes a certain speed.

10 Q. Are you familiar with the 1994 publication by ITE

11 entitled Determining Vehicle signal Change and

12 Clearance Intervals chaired by Beverly Thompson in the

13 report of the Institute of Transportation Engineers

14 dated August 1994?

15 MS. MARTINEAU: Is that a document you

16 provided to me, Skip?

17 MR. STAM: At the Shovlin deposition, it

18 was part of Exhibit 4, and it's referenced in the

19 attachments to the Ceccarelli affidavits, but I don't

20 think we've discussed it at previous depositions.

21 MS. MARTINEAU: Okay. Well, I just object

22 because if he -- it's not -- this is not a memory

23 test.

24 MR. STAM: Let's do this. Let me continue

25 and then maybe if you could give me your fax number we


1 could send that to you and then I could ask further

2 questions.

3 THE WITNESS: Sure. The fax is area code

4 313-577-3881.

5 MR. STAM: Do I have to put it to anybody's

6 attention or does that come right to you?

7 THE WITNESS: Put to it my attention for

8 sure. That's the department fax.

9 MR. STAM: Let me go ahead and start that

10 fax, but I'll pass on it and we'll come back to it

11 until you've had a chance to look at it. The easiest

12 thing to do is I'll just fax Exhibit 4.

13 MS. MARTINEAU: Skip, Dr. Hummer just left

14 to let his staff know to look for a fax so he'll be

15 right back.

16 MR. STAM: Okay.

17 MARKED BY THE REPORTER:

18 DEPOSITION EXHIBIT 1

19 9:37 a.m.

20 (Off the record at 9:37 a.m.)

21 (Back on the record at 9:41 a.m.)

22 MS. MARTINEAU: We're on record. Can you

23 identify what the document is, Skip, for the record.

24 MR. STAM: Yes. I'm referring to a

25 document which is Exhibit 4 to the Shovlin deposition,


1 and it's entitled Determining Vehicle signal Change

2 and Clearance Intervals dated August 1994 by the

3 Institute of Transportation Engineers, and my first

4 question is is Dr. Hummer familiar with this document.

5 THE WITNESS: I had seen it referred to in

6 the documents for this case. I looked for it. Our

7 library didn't have it, so this is the first time I've

8 seen it, but I had been aware of it.

9 BY MR. STAM:

10 Q. Okay. I'm going to ask you about Page 3, which at the

11 top says Yellow Change Interval Timing and Application

12 Procedures, and just ask if you had time to look at

13 Page 3.

14 A. Yes.

15 Q. And in particular formula one on the second column.

16 A. Yes.

17 Q. Okay. And in the second particular -- in the first

18 column, the third bullet point.

19 A. Yes. Sure.

20 Q. Okay. Let me ask my question then. What is ITE's

21 physics definition of a yellow change interval

22 according to this publication?


24 the question.

25 THE WITNESS: Yeah. I'm not sure that ITE


1 refers to physics in this definition. ITE's an

2 organization of engineers providing information for

3 engineering, so I don't know that they're providing a

4 physics definition. The third bullet is not a

5 definition of the yellow time. It's a -- well --

6 BY MR. STAM:

7 Q. For this question I'm referring to formula one.

8 MS. MARTINEAU: He can tell you what the

9 formula he sees on that page is. Is that what you're

10 asking?

11 MR. STAM: Yes.

12 THE WITNESS: Okay. Well, formula one is

13 solving for Y, which is the length of the yellow

14 change interval in seconds. Y is equal to two terms.

15 First term is T, which is the driver

16 perception-reaction time, generally assumed to be 1.0

17 seconds, and then the second term is the vehicle

18 speed, velocity of approaching vehicle in feet per

19 second divided by an acceleration term which is two

20 times the average deceleration in feet per second

21 squared assumed from 10 to 15, so it says here added

22 to a grade correction, which is some multiplier to the

23 standard acceleration for gravity.

24 BY MR. STAM:

25 Q. And what is V? Is it the initial speed of the


1 vehicle, is it the stopped speed of the vehicle or

2 somewhere in between?

3 A. In the application of this formula, V is the speed of

4 the vehicle at the point at which they're making a

5 decision whether to stop or whether to go. Initial

6 speed, I don't know what that term refers to, and it's

7 certainly not the stopped speed. That would be zero.

8 So the formula wouldn't make any sense in that case,

9 but the application is -- V is the speed at the time

10 the vehicle in question -- the driver in question is

11 making their decision.

12 Q. Okay. And that is a critical distance away from the

13 intersection, is that correct?


15 the question.

16 THE WITNESS: At the -- what the formula is

17 doing is -- let me back up and say this formula is

18 derived from the standard stopping distance formula

19 that engineers have used for probably over a hundred

20 years to design hundreds of billions of dollars worth

21 of roads and signals and signs and all kinds of

22 things, find that stopping distance for a vehicle

23 approaching the signal as we expect and then provide

24 enough time for a vehicle at the -- at that stopping

25 distance away from the stop bar to proceed through the


1 intersection past the stop bar during the yellow

2 before the red starts.

3 BY MR. STAM:

4 Q. Okay. At what speed -- I think you've answered this,

5 but to be clear, at what he speed --

6 A. Well, this --

7 Q. -- that it proceeds through? In other words, talking

8 now about a vehicle that is not stopping but a vehicle

9 that is going through. At what speed does that

10 vehicle go through according to this formula?


12 the question. Vehicles can travel at a variety of

13 speeds and go through the intersection on a yellow

14 light so I'm -- objection to the form of the question.

15 MR. STAM: I do want to proceed with the

16 question, so would the court reporter read the

17 question back so the witness could remember what it

18 was without the testimony of my friend Ms. Martineau.

19 (The requested portion of the record was

20 read by the reporter at 9:47 a.m.)


22 the question.

23 THE WITNESS: And my answer is that on

24 Page 3 here in the text below the formula, it's not

25 clear what the speed of that vehicle should be. This


1 says vehicle's velocity of approaching vehicle so

2 that's not clear. On the left side of the page down

3 toward the bottom, it does define it, and to quote

4 here, it says approach speed is defined as the higher

5 of the 85th percentile speed or the posted speed

6 limit, so that's I think what this committee was

7 intending for us to do.

8 BY MR. STAM:

9 Q. And right above the formula, three lines up, does it

10 also clarify what speed we're talking about by the

11 words at its initial speed? If you would read the

12 introductory sentence before the formula to yourself

13 and then see if you can further answer the question.

14 A. Sure. Yeah. And you're correct in that above the

15 formula it does say provides yellow time for a vehicle

16 to travel at its initial speed over the distance it

17 would take to stop at a comfortable average

18 deceleration. Again, I'm not clear from this what

19 that term initial speed means, initial speed of what,

20 initial speed where is not clear here.

21 The typical application of this formula in

22 North Carolina is to use the speed limit, and we

23 cannot, we will not without bankrupting the state

24 design for 100 percent of vehicles going any speed

25 from zero to infinity. That's just not something that


1 engineers can do. We're in the business of designing

2 roads, signals that are practical to drive and use for

3 most drivers within the budget that we have. There's

4 certainly vehicles out there that exceed the speed

5 limit. We wish they wouldn't, but sometimes they

6 choose to do that. The speed limits are often set at

7 the 85th percentile speed anyway, so ITE's verbiage

8 here about using the higher of the 85th percentile or

9 the posted speed. Often that's the same thing anyway.

10 Furthermore, drivers adjust to the

11 conditions that they are under whether those are bad

12 conditions such as wet and rainy conditions where it's

13 going to take longer to stop or good conditions where

14 drivers are driving a brand-new vehicle on a brand-new

15 piece of pavement on a nice clear day. Drivers, I

16 said before, they sort of integrate all the

17 information they have available and will adjust their

18 speed, will adjust their deceleration rates as well

19 will adjust their perception-reaction times.

20 So our choice of the speed limit as the

21 speed that drivers can go through the intersection

22 here promotes that uniformity I talked about before

23 and accommodates most drivers and most conditions and

24 allows drivers who choose to, for instance, exceed the

25 speed limit, allows them to adjust and still be able


1 to make a good decision.

2 Q. Thank you. Using that page with the formula and what

3 you mention on the bottom part of column -- the

4 left-hand column that you referred to, I understood

5 what you said. It's the speed limit or if a speed

6 survey is done the 85th percentile. Can an engineer

7 in determining the yellow change interval use a V

8 which is less than the speed limit?

9 A. I suppose so. The law, you know the law better than

10 I, but my understanding of the law is that engineers

11 have to follow the book called the Manual of Uniform

12 Traffic Control Devices MUTCD, which I'll call it that

13 from now on --

14 Q. I'll come to that later.

15 A. MUTCD specifies that -- I don't have the words right

16 in front of me, but that's for -- specifies that

17 engineers use judgment and apply engineering practice

18 and that's -- sure, there will be times when using a

19 speed below the speed limit is perfectly appropriate.

20 It's -- the MUTCD is meant to promote that uniformity

21 that I've talked about several times but also has to

22 allow for local judgment, local conditions, the

23 experiences of the responsible engineers to come into

24 play, and one great example of a place where we would

25 use lower than the speed limit is when timing for the


1 end of a protected left turn phase.

2 Q. So if an engineer uses a V which is less than the --

3 excuse me. Strike that. Start again.

4 So if an engineer uses a vehicle in the

5 formula less than the speed limit, does the driver

6 have the distance to stop?

7 A. Well, a driver who is traveling at the speed limit and

8 encounters that situation where the yellow signal is

9 timed with a V that is less, that driver could stop by

10 using a shorter perception-reaction time, reacting

11 quicker or by decelerating quicker than we had plugged

12 into the formula, and all of this presumes that this

13 driver is exactly at that stopping distance before,

14 and that's, of course, really the case. That's, you

15 know, an exact distance, a certain number of feet away

16 from the stop bar, and almost every signal cycle we'll

17 find drivers who are closer or further away but not

18 exactly at that place when the yellow signal comes on,

19 so, you know, again, it's -- you know, we never are

20 able to accommodate the 100 percent of drivers that

21 are out there, but the vast majority would be able to

22 make a good decision to either go through or get

23 stopped.

24 Q. Not talking about 100 percent of drivers but just the

25 average or the ideal driver according to North


1 Carolina DOT usages, isn't the perception-reaction

2 time 1.5 seconds?

3 A. That's not the average. That 1.5 seconds is quite

4 slow. It's well at the far side of the distribution.

5 The average, and we can pull up some literature here

6 to get more precise with that, but the average

7 perception-reaction time for a driver coming up to the

8 start of a yellow signal is something on the order of

9 .7 seconds. It's far less than one.

10 Q. All right. But you design according to 1.5 so that a

11 significant minority of drivers won't be involved in

12 crashes, is that not correct?

13 MS.MARTINEAU: Objection to the form of the

14 question.

15 THE WITNESS: But that's -- of course.

16 Everything we engineers do out on the road, highway,

17 signal design, sign design, everything is to try to

18 avoid crashes.

19 BY MR. STAM:

20 Q. So -- and you're aware that NCDOT bases its decisions

21 on 11.2 seconds per second for deceleration?


23 the question. Are you talking about NCDOT's yellow

24 time formula?

25 BY MR. STAM:


1 Q. Go ahead and answer the question, Dr. Hummer.

2 MS. MARTINEAU: Same objection. Go ahead.

3 THE WITNESS: My understanding is again we

4 could pull up a document here to see that, but the

5 current NCDOT practice is to use 11.2 feet per second

6 squared deceleration rate in the yellow time formula.

7 BY MR. STAM:

8 Q. Okay. If the speed limit is 45 miles an hour,

9 according to ITE and the laws of motion as you

10 understand it, can a driver decelerate, say, quickly

11 from 45 miles an hour down to 10 miles an hour and

12 still proceed through or does he have to proceed at 45

13 miles an hour for the other initial speed to get

14 through the intersection?


16 the question as to -- well, just objection to the form

17 of the question. Answer if you can.

18 THE WITNESS: Yeah. That's a hypothetical.

19 There's so many things I'd need to know about the

20 specifics there before answering that. There's too

21 many other things going on. I can't answer that.

22 BY MR. STAM:

23 Q. All right. Let's hypothesize zero grade, clear day,

24 90-degree intersection, ordinary care, ordinary

25 driver, no obstructions. If the speed limit is 45


1 miles per hour according to the ITE formula, for a

2 driver who wants to proceed through the intersection,

3 is the driver to proceed through at 45 miles an hour

4 or something equivalent to it or can the driver, say,

5 decelerate to 10 miles an hour and still proceed

6 through the intersection?

7 MS. MARTINEAU: Same objection. Do you

8 want to give him in your hypothetical where the driver

9 is when he first makes a decision to proceed through

10 the intersection? Because I think that's -- we don't

11 know that.

12 BY MR. STAM:

13 Q. Dr. Hummer, if you would see if you could answer the

14 question.

15 A. I really can't. Is the driver 500 feet away or 50

16 feet away, and --

17 Q. All right. Let's suppose the driver is 294 feet,

18 which according to the calculations of the plaintiff

19 is -- and using the laws of physics is the critical

20 distance, so let's, in addition to the other

21 assumptions that I stated in the previous question,

22 state that the driver's at a -- 294 feet away from the

23 entry to the intersection. Does the driver then have

24 to proceed at the speed limit or the initial speed to

25 get through or could the driver decelerate to, say, 10


1 miles an hour and still make it through?


3 the question. Is this a straight through? Is he

4 going straight?

5 MR. STAM: Yes. Well, actually the answer

6 to that question doesn't matter. I mean, that factor

7 doesn't matter, so let's leave that to the side.

8 BY MR. STAM:

9 Q. Can you answer that question, Dr. Hummer?

10 MS. MARTINEAU: Well, same objection.

11 THE WITNESS: If I'm understanding

12 correctly, the answer is that that driver at 294 feet

13 away with the amount of yellow that the ITE formula

14 recommends as applied in North Carolina, that driver

15 would have to proceed -- keep proceeding at 45 miles

16 an hour or higher to be able to cross the stop bar

17 before the yellow ends.

18 BY MR. STAM:

19 Q. On that piece of paper, could we mark that as Exhibit

20 2 to your deposition, please.

21 A. I was going to add to my answer, though, if I could.

22 Q. Oh, please, please.

23 A. That a driver at 45 miles per hour at the 294 foot

24 distance, when the yellow occurs, that driver starts

25 to decelerate from 45 to 10, as you mentioned, we


1 would hope, we would expect that that driver would

2 just come to a stop if they -- and we don't know why

3 they're decelerating there, but if they're -- you

4 know, something in the road, something -- you know,

5 some extraordinary condition there that they come to a

6 stop and that the 294 feet, if I am understanding this

7 correctly, would have given them enough time to come

8 to a stop if they need to and that they could always,

9 like we said earlier, adjust, react quicker,

10 decelerate at a greater rate than the formula allows

11 for as well, so -- okay. That's my answer.

12 Q. All right. Some drivers think that a yellow light

13 means proceed with caution and that caution means slow

14 down, and my question is this: If a driver going at

15 the speed limit within the critical distance, let's

16 say at or closer than 294 feet going 45 miles an hour,

17 the posted speed limit, all the other assumptions I

18 gave previously, clear day, no other interruptions,

19 90-degree angle, no grade, if that driver decides to

20 be cautious and, therefore, slow down to some speed

21 below 45 miles per hour, whether it's 10 miles an hour

22 or 20 or 30, will that driver have enough distance to

23 clear the intersection if the driver slows down?

24 MS. MARTINEAU: I just want to object not

25 to the question but to the -- to your statements


1 before your question. Go ahead and answer.

2 THE WITNESS: Yeah. First response is

3 that, of course, we hope all drivers are cautious at

4 all times going through all intersections, and drivers

5 that slow down as you described certainly are not the

6 only cautious ones out there and don't have a sort of

7 corner on that market.

8 Second response is that if drivers have

9 that perception that that's what the yellow means,

10 then we need to do better in our driver education

11 because that's certainly not what we intended, and my

12 observation in almost 30 years in this business is

13 that's not how most drivers behave out on the roads.

14 They may profess that in some survey, but what they

15 actually do out on the roads in response to yellow

16 signals is quite different.

17 The other response I have is that, as I

18 said before, yes, the ITE yellow time formula is

19 designed get a driver across the stop bar during the

20 yellow who was at the stopping distance when the

21 yellow first came on, and drivers at that constant

22 speed of the speed limit and anybody who drives -- was

23 at that speed limit and then slows down and still

24 tries to make it through the yellow will not do so.

25 That's easy to show, fortunately, I think a pretty


1 rare condition.

2 Q. And in my previous question I misused one word so I'm

3 going to correct it. I don't think it will make a

4 difference to your answer, but please tell me if it

5 did. I think what I said in the question is would

6 they have enough distance to clear the intersection

7 when what I should have said and meant to say was

8 would they have enough distance to enter the

9 intersection. If I change that term in my question,

10 does it change your answer?

11 A. No. Thank you for that. I guess I was hearing you to

12 say enter the intersection anyway. Cross the stop bar

13 is the key thing for the purpose of the yellow

14 calculation, so no problem there.

15 Q. All right. When you drive personally, Dr. Hummer, do

16 you ever have to tap your brakes for cars emerging or

17 egressing from business entrances in front of you or

18 to accommodate the movement of cars in front of you?

19 A. Of course.

20 Q. As the driver such as you must be cautious and slow

21 down for these type of obstacles, in the case of

22 entering an intersection, will these kinds of real

23 life actions violate ITE's mandate for the use of its

24 yellow change interval formula?

25 A. Well, no. Like I said before, we can't design for the


1 100 percent case. There's no formula that will do

2 that and be practical on the roads would provide for

3 that uniformity that we talked about and have the

4 other facts which I'd like to get into of the bad

5 effects of longer yellow times, to keep yellow times

6 practical and somewhat uniform.

7 Q. I'm going to ask about that also. We'll give you a

8 chance, but --

9 MS. MARTINEAU: Let him finish his question

10 if you would. Finish his answer.

11 BY MR. STAM:

12 Q. You can finish, but I'm not sure you have to go off on

13 that subject to answer this question because I will

14 ask you about that.

15 A. Right. So in the case you mentioned, my professional

16 opinion is that's rare. Most drivers are not going to

17 do that, and, again, we're talking about the slimmest

18 of probabilities already with the driver going exactly

19 the speed limit at exactly 294 feet away and then who

20 chooses to decelerate at exactly 11.2 feet per second

21 squared.

22 Most drivers adjust to the conditions

23 around them, and, you know, seeing somebody coming out

24 from a driveway, seeing somebody about to merge into

25 their lane will already be off the accelerator and may


1 already be on the brake well before that person gets

2 into their lane, and so in that situation, they're

3 going to adjust and make the best decision they can

4 make for themselves at that time, and in all

5 likelihood they're going to have enough yellow to make

6 a good decision, so, you know, it works for the huge

7 vast majority of drivers in most times in most

8 circumstances.

9 Q. Are you implying or stating that the DOT's

10 specifications do not work for its own ideal driver as

11 set out in the specifications?

12 A. No. A driver that has exactly 1.5 seconds

13 perception-reaction time and 11.2 seconds feet per

14 second squared deceleration rate driving exactly at

15 the speed limit at exactly that distance away from the

16 stop bar will be able to make a good decision and, for

17 that matter, at any other distance away from the

18 intersection will be able to make a good decision, so,

19 no. The formula works the way it was supposed to.

20 Q. Okay. Dr. Hummer, this is a multiple-choice question

21 with four possible -- I'd like to suggest four

22 possible answers or you can come up with a fifth or

23 sixth, so let me ask the entire question.

24 Using the DOT's assumptions for the ideal

25 driver, that is the one who perceives and reacts in


1 1.5 seconds and decelerates at 11.2 feet per second

2 squared, what is the length of the yellow change

3 interval, four possibilities or a fifth, whatever, is

4 it 50 percent of the time it takes a driver to stop,

5 100 percent of the time it takes a driver to stop, 150

6 percent of the time it takes a driver to stop or

7 something else?


9 the question as to ideal -- DOT's assumptions for

10 ideal driver.

11 THE WITNESS: And the question doesn't make

12 any sense to me. The yellow time formula provides

13 time for a driver at that stopping distance away from

14 the intersection to go through the intersection so --

15 MS. MARTINEAU: Or the stop --

16 THE WITNESS: Or to pass -- yeah, pass the

17 stop bar. So I don't understand the way the question

18 was phrased. The yellow time formula is not trying to

19 do what you describe if I heard it right.

20 BY MR. STAM:

21 Q. All right. I'll take that answer to my question.

22 Do you know who Denos Gazis is?

23 A. He's the author of the classic paper in 1959. I don't

24 know that I ever met him or heard him speak.

25 Q. Well, my question is are you -- obviously you're


1 familiar with his 1959 paper, The Problem of the Amber

2 Signal Light in Traffic Flow?

3 A. Yes.

4 Q. What is a dilemma zone?

5 A. A dilemma zone is a space on the roadway on an

6 approach to an intersection where a driver in that

7 space has no chance to get stopped before crossing the

8 stop bar at the onset of a yellow and has no chance to

9 proceed past the stop bar before the yellow ends and

10 that is to stop or proceed according to their

11 capabilities.

12 Q. If you still have it handy, I think it's Exhibit 2,

13 the Shovlin deposition, it's the ITE 1994 paper,

14 Page 3. You still have that handy?

15 A. Oh, yeah. Yeah, sure.

16 Q. If you could look in the first column and the third

17 bullet point, but it's actually a square, I don't know

18 if you call that a bullet point, is that what is being

19 described in that third bullet point? And I'll just

20 read it for the record. When approaching an

21 intersection, a driver's faced with one of several

22 situations when the yellow change interval appears,

23 and then the third alternate is the driver can neither

24 stop comfortably nor proceed into and clear the

25 intersection before the appearance of a conflicting


1 green indication. Is that what is referred to as a

2 dilemma zone?

3 A. That's maybe just slightly different from what I

4 described, but generally speaking, that's a dilemma

5 zone. My definition of it did not include the clear

6 the intersection part before the appearance of a

7 conflicting green, but in North Carolina we use an

8 all-red indication after the yellow to take care of

9 clearing the intersection, so with that slight

10 difference, generally that's a dilemma zone, sure.

11 Q. What is an indecision zone?

12 A. That's not a standard term in traffic engineering as

13 far as I know.

14 Q. I may come back to that.

15 According to the ITE formula, what would

16 cause a dilemma zone?

17 A. If we apply the ITE formula to time the yellow signal,

18 a driver who was exceeding the speed limit could

19 potentially be in a dilemma zone. A driver who was

20 not able to decelerate at at least the assumed rate,

21 11.2 feet per second squared, in North Carolina could

22 be in a dilemma zone. A driver who didn't react

23 within the 1.5 seconds could be in a dilemma zone,

24 but --

25 Q. Are those -- I'm thinking of the word. Ors and ands.


1 In other words, are those four different

2 possibilities, each of which could cause it, or are

3 you saying all four of those would have to occur to

4 create a dilemma zone?

5 A. No. That's each of those -- any of those individually

6 could create a dilemma zone. Of course, a combination

7 of those could create a dilemma zone as well.

8 Q. For example, a driver of a vehicle who is not

9 exceeding the speed limit at any point could find him

10 or herself in a dilemma zone through no fault of his

11 or her own?


13 the question. You can answer.

14 THE WITNESS: Yeah. No, I would not

15 characterize it that way at all. The 1.5 second

16 perception-reaction time is quite generous, as I

17 mentioned before, really over twice the average,

18 generally speaking, and it's really quite slow.

19 That's got to be a driver that's not paying attention,

20 attention diverted for some reason, so a driver who's

21 not able to decelerate at 11.2 feet per second

22 squared, we have to question whether that vehicle

23 should be on the road.

24 Most drivers and vehicles are able to

25 decelerate at something like 20 feet per second


1 squared on dry pavement and at least 13, 14, 15 or so

2 feet per second squared or on wet pavement without any

3 harmful effects, and in an emergency situation,

4 drivers can decelerate at something like 30 feet per

5 second squared. So 11.2 is really pretty poor

6 performance by that driver and vehicle, and, of

7 course, exceeding the speed limit is illegal so I

8 don't -- I don't agree with your characterization

9 there.

10 BY MR. STAM:

11 Q. Well, let me ask it this way. If a driver suppose

12 approaching an intersection at 45 miles per hour, no

13 grade, clear day, no wet pavement, if this driver

14 never exceeds the posted speed limit, does have a

15 perception-reaction time of 1.5 seconds, is able to

16 decelerate at 11.2 feet per second, with that driver,

17 is there a dilemma zone according to the ITE formula?

18 A. No. No. The ITE formula makes sure that that driver

19 has a good decision to make. Drivers can always make

20 bad decisions, and many do, unfortunately. Again, you

21 know, it's -- we can't find a way to prevent that,

22 unfortunately, with our current technology and current

23 budgets, but that driver at least has a decision to

24 make to either stop or proceed, and most of the time

25 drivers like that will make the correct decision and


1 the results at most of the intersections are good. It

2 works.

3 Q. Now, I just want to be clear because you answered two

4 different ways I think, but I don't want to put words

5 in your mouth. At the end you said most of the time

6 and so let's be clear. Let me be clear. If I'm not

7 clear on this, let me know.

8 Intersection's coming up, 45 miles an hour.

9 This driver does perceive and react in 1.5 seconds per

10 second. This driver is able and does decelerate at

11 11.2 feet per second per second. Can this driver that

12 I hypothesize in this question be caught in a dilemma

13 zone which Gazis describes and which is also described

14 as a third bullet point on the first column of Page 3

15 of Exhibit 2, the ITE paper, if that driver --

16 MS. MARTINEAU: And you're saying that

17 they're at the stopping distance when they first see

18 the yellow light?

19 MR. STAM: Just inside it, right.

20 THE WITNESS: Just inside. There is no

21 dilemma zone for that driver. That driver has a

22 decision to make, and if they're just inside the

23 stopping distance, then they will have enough yellow

24 to proceed through the intersection. They should

25 choose to proceed.


1 BY MR. STAM:

2 Q. All right. Suppose that that driver is going to turn

3 left at that intersection. All the other assumptions

4 are the same as in my last question. Can that driver

5 be caught in a dilemma zone? The driver never exceeds

6 the speed limit, perceives and reacts in 1.5 seconds

7 or less, decelerates at 11.2 seconds per second or

8 faster -- or, excuse me. The faster's not the right

9 word. Decelerates at 11.2 seconds per second. Can

10 that driver be caught in a dilemma zone described by

11 Gazis and also -- and/or in the third bullet point of

12 the first column Plaintiff's Exhibit 2?

13 A. Well, North Carolina practice is not to design yellow

14 times for -- at the end of a protected left turn phase

15 for a driver going the speed limit. The practice is

16 typically to use a speed of 20 miles an hour and

17 sometimes to use a higher speed depending on the

18 conditions. We could talk about those conditions.

19 There's many that a good traffic engineer

20 should look at before making that decision, but

21 typically 20 miles an hour, so the supposition that,

22 you know, we would have a driver approaching it at 45,

23 well, drivers don't approach the end of a protected

24 left turn at 45 miles an hour. That's -- you know, we

25 have a long history, much practice and experience and


1 data that say 20 or so is appropriate for that

2 condition and so our timing of the yellow signal at

3 the end of a protected left turn phase is typically

4 based on that 20 miles an hour speed.

5 Q. Measured where?

6 A. Let me finish. A driver going 45 would have a dilemma

7 zone. That's not something we're, by our standard

8 engineering practice, are designing for. A driver

9 driving 20 will not have a dilemma zone and will use

10 the yellow long enough to eliminate that.

11 Q. Let me repeat my question. Where is the 20 miles per

12 hour measured?

13 MS. MARTINEAU: That's a different -- you

14 haven't asked that question yet, but object to the

15 form of the question. Go ahead and answer.

16 THE WITNESS: The 20 miles an hour would be

17 at the stopping distance. That's going to be

18 typically 100, maybe 200 feet upstream of the stop

19 bar.

20 BY MR. STAM:

21 Q. Does the driver know that?

22 A. Sure. Most drivers have gained the experience, have

23 been through protected left turn phases and made many

24 left turns as they drive through the years, gain

25 experience. This is part of learning to drive. We


1 count on that.

2 As I said before, the driver's integrating

3 information from all kind of sources including looking

4 at the lengths of yellows, and, in fact, you know, I

5 said several times before we count on that with the

6 business of trying to be uniform and give drivers what

7 they expect. Well, drivers have an expectation

8 because they've been through many somewhat similar

9 intersections before and are -- have this sort of

10 embedded after, you know, just a short bit of

11 experience, so, yeah, I think that generally drivers

12 are aware of this and we, traffic engineers, work hard

13 to create that awareness.

14 Q. All right. Are you familiar with the intersection

15 where Lori Millette was cited?

16 MS. MARTINEAU: Do you know which one that

17 is?

18 MR. STAM: Kildaire Farm turning left --

19 going north turning left on Cary Parkway.

20 MS. MARTINEAU: Is it okay, Paul, if I get

21 that traffic signal plan out so he can take a look at

22 it?

23 MR. STAM: Sure, but it actually would be

24 any left turning intersection with a zero grade,

25 90-degree angle.


1 THE WITNESS: And I used to live just down

2 the street from that anyway, down Cary Parkway, about

3 a mile from there. I lived they're for ten years so

4 I'm --

5 BY MR. STAM:

6 Q. What years were those?

7 A. -- very aware of that. I lived there 1992 to 2001 I

8 think in the Kildaire Farm subdivision, so I'm very

9 familiar with --

10 Q. You're familiar with that intersection?

11 A. Yes.

12 Q. We'll probably get into this in more detail later, but

13 suppose Lori Millette has been driving that for years

14 and it's been a four-second yellow change interval and

15 then they decide to make it a three-second interval.

16 You're relying on the yellow change interval. If

17 you're relying on drivers to know what speed they can

18 go differently than the posted speed limit, you see

19 how this might affect drivers?

20 A. A change -- any kind of change out on the road -- a

21 change in the yellow time is a difficult thing. We

22 don't like to do that. We have to do that sometimes.

23 There's, you know, good reasons I'm sure to make that

24 change and other changes. We -- engineers, we weigh

25 the cost of the change, and there will be some, and


1 surprise drivers and such against the benefit from the

2 change, which I'm sure there were many.

3 I would add, too, in addition to relying on

4 the driver's prior experience about how long the

5 yellow is -- well, I think I did say before, too, that

6 there's many other clues that drivers are using and

7 integrating as they make their decisions. One of the

8 big ones is, and applies to that intersection, is the

9 turns are tight. The left turn at that place, at many

10 of our intersections, allows a turning speed of

11 something like 15 to 20 miles an hour.

12 That's very clear in our professional

13 literature, in the design manual that we all use to

14 design the roads, that's the policy on geometric

15 design of highways by an organization called AASHTO,

16 A-A-S-H-T-O, that the speed for a left turn, designed

17 speed, which is on the high side, is going to be

18 something on the order of 15 to 20 miles per hour and

19 could be less if the turn is even tighter, so, you

20 know -- and drivers know this and experience --

21 drivers with experience at that intersection know

22 that, too.

23 Q. Is that the speed approaching the intersection or the

24 approach -- the speed within the intersection?

25 A. That is the speed within the intersection, but


1 there's --

2 Q. Not the approach speed?

3 A. Well, the drivers are in the process -- they're going

4 to need to go 15 to 20 miles an hour on the high side

5 within the turn. Often during the left turn phase

6 they're following other drivers who are going 15 to 20

7 at the most within the turn, and so it doesn't -- and

8 we're only talking about, as I said before, 100, maybe

9 200 feet in front of the stop bar anyway, so, no,

10 we're not designing for somebody to go 45 miles per

11 hour 100 to 200 feet before the stop bar and then hit

12 the brakes really hard to get to 15 to 20 miles an

13 hour to make the turn just past the stop bar.

14 That's -- most drivers will make a much smoother

15 deceleration, will kind of cruise in through that left

16 turn.

17 Let's not forget as well that all the

18 drivers at that place, at all left turn lanes had to

19 shift over from the through lane to the left turn lane

20 before they're making their turn anyway and had to

21 slow down to do that, and sometimes, depending on the

22 intersection and the shape of the taper, that's a

23 relatively -- that movement has to be made relatively

24 slowly, too, so it's just not plausible for drivers to

25 be going 40 through the sort of stopping distance that


1 we're talking about here, 40, 45, whatever, and then

2 slowing down to 15 or 20 during the turn. That

3 just -- that's not what we design for.

4 Q. To be clear, my understanding is there's really two

5 speed limits. One is the posted speed limit, for

6 example, 45 miles an hour, but every driver has -- is

7 forbidden to drive without due care and caution though

8 as to cause accidents, but my question is really

9 different than that. I think you're assuming that all

10 these left turning vehicles are in a cue lined up

11 right there.

12 If a driver has a clear, unimpeded path of

13 the intersection, the signal is green, shows a green

14 arrow are left turning drivers allowed to go the speed

15 limit approaching the intersection so long as they

16 exercise due care and caution within the intersection?

17 A. You know, I guess legally, sure, the speed limit is

18 45, and as long as they stay below 45, I don't think

19 the police department will be able to give them a

20 ticket. That's just not plausible. Again, does it

21 ever happen? Can somebody in a race car take that

22 turn at 45 that we've designed for 20 or less?

23 Probably. Should we set the yellow time for that,

24 that -- again, I really wanted to get into at some

25 point here the negative effects of extending yellow


1 times, but, you know, without extending the yellow,

2 should we be designing for that diver who is sort of

3 ripping into that turn at quite high speed? I don't

4 think so.

5 Q. I understand you want to talk about that. Let me ask

6 you at this point what are the negative effects of --

7 that you see of having yellow change intervals that

8 are, quote, too long, end quote?

9 A. Right. Yeah. Thanks. There are actually two major

10 ones that I could think of, and one is the lack of

11 uniformity, and the MUTCD could not be clearer on this

12 point. It's the reason the whole manual exists. It's

13 a -- the central pillar in the whole highway system is

14 as much uniformity as possible worldwide, nationwide,

15 statewide as much as we can manage because our driver

16 population is so diverse and people are -- we're

17 driving -- trying to accommodate people who have never

18 seen this place for the first time, the uniformity's

19 there, and if we start to allow some places to have

20 yellow times that are more than twice other places,

21 we'll lose that and drivers will not know what to

22 expect, and crashes occur because of that, that lack

23 of uniformity. It's just a central thing to the

24 way -- the standard engineering practice.

25 The second point is with a long yellow,


1 that we lose capacity at the intersection. The

2 reference that we use to calculate that is called the

3 highway capacity manual. It's a standard reference

4 across the U.S. and in many other countries.

5 The equation for capacity at a signalized

6 intersection has only three terms. One of those terms

7 is called effective green time, and that's the part of

8 the signal phase that drivers actually use. Effective

9 green time is the actual green time plus the actual

10 yellow time plus the all-red time. In other words,

11 the full phase minus the loss time. Loss time is time

12 that's wasted. Nobody's going through the

13 intersection. Well, the longer the yellow, the higher

14 the loss time.

15 The highway capacity manual instructs us

16 that loss time at the end of a phase equals the yellow

17 plus the all-red minus two seconds. The longer the

18 yellow --

19 Q. Is it two seconds how long it takes the green people

20 to get going?

21 A. No. That's at the beginning of the phase. That's

22 another bit of loss time called beginning loss time.

23 Q. Please continue. I'm sorry.

24 A. There's two bits of loss time. There's some at the

25 beginning, there's some at the end. Longer yellow


1 means longer ending loss time at the end of the phase,

2 and that's on every phase. So, for instance, at Cary

3 Parkway and Kildaire Farm Road, that signal has

4 basically four phases. If we extend the yellow let's

5 say two seconds each of those phases, that's eight

6 more seconds of wasted time for everybody at the

7 intersection, loss capacity, and then that compounds,

8 of course, over all of the cycles throughout an hour

9 or peak hour and what have you.

10 That loss of capacity is -- not only wastes

11 gas and adds to the carbon emissions and all that bad

12 stuff, but it has a safety effect as well. The cues

13 grow longer at the intersection which leads to more

14 rear-end collisions at the back of the cue. Drivers

15 react to the long cues by starting to cut through

16 neighborhoods, and believe me, in my time as a

17 resident of Kildaire Farm, we worried a lot about

18 drivers cutting through our neighborhoods already at

19 that intersection, and we sure didn't want to lose

20 capacity out there and have even more cut-through

21 traffic. There's all kinds of ways that that loss of

22 capacity turns out, you know, not only to lose

23 efficiency, waste money, waste gas, et cetera, but

24 also has a safety effect as well in lots of different

25 ways, so we engineers struggle hard with this. It's


1 not an easy solution to try to keep that bounded and

2 to try to keep the yellow reasonable and avoid those

3 very nasty negative effects.

4 Q. Let's talk about that. Before I do that, is there a

5 third reason besides lack of uniformity and capacity?

6 A. Those are the two that occur to me here. I can look

7 back at my notes perhaps, but those are the two that

8 occur to me.

9 Q. Let me ask about the effective green at that

10 particular intersection of Cary Parkway and Kildaire

11 Farm that you're familiar with. In a given hour, I

12 would guess the cars approaching from each side get,

13 therefore, somewhat less than 30 minutes of effective

14 green. I don't know how much less than 30 seconds it

15 would be, but subtracting all the whatever you called

16 it, the down time, the two seconds --

17 A. Right, loss time.

18 Q. Loss time. So it would be something less than 30

19 minutes out of every hour. Could you give a ballpark

20 thought? I mean, would it be like 29 minutes of every

21 hour or --

22 A. Roughly speaking, at an intersection like that with

23 typical times, about 10 percent of the time is already

24 lost in that loss time. The remaining 90 percent of

25 the time is split up with maybe -- let me -- I don't


1 like to do math on the fly here, but perhaps --

2 Q. It's an estimate. I'm not looking for --

3 A. Sure. Thirty percent of the time for the east and

4 west through, 30 percent of the time for the north and

5 south through, 15 percent of the time for the north

6 and south left turn, 15 percent of the time for the

7 east and west left turn. I think that adds up to 100

8 percent.

9 Q. Okay. So let's take the driver going east and west

10 that would be affected by my next question. They

11 would have effective green light to go through that

12 intersection of about how much per hour? Something

13 less than 30 minutes but --

14 A. Oh, yeah. Thirty percent of 60 minutes, that's again

15 math on the fly here, but I think that's something

16 like 18 minutes.

17 Q. Okay. So they have 18 minutes of effective green

18 time. Now, Lori Millette's light after a time period

19 of being four seconds allowed for the yellow change

20 interval went to three seconds, and another exhibit

21 you'll see later shows the dramatic results of that.

22 If it were four seconds instead of three seconds, how

23 much would that reduce from the effective time in any

24 given hour for east-west traffic? They had 18 minutes

25 before. If we added back a second for Lori Millette's


1 left turn, in an hour, how many -- well, we could

2 calculate it. In an hour, how many left turn yellow

3 change intervals in Lori Millette's direction are

4 there in an hour?

5 MS. MARTINEAU: Object to the form of the

6 question. What about the all-red?

7 MR. STAM: Well, that doesn't change this

8 question.

9 THE WITNESS: Yeah. Let me --

10 BY MR. STAM:

11 Q. Because you could always -- if you had added a second

12 back for yellow, you could always reduce a second for

13 the all-red and it would amount to the same -- as far

14 as safety is concerned, it would amount to the same

15 thing.


17 the question.

18 BY MR. STAM:

19 Q. My question is if you had four seconds instead of

20 three seconds for cars traveling as Lori Millette's

21 was traveling, how many -- how much time would that

22 detract from the effective green for east-west

23 traffic?

24 A. Well, that's -- if we were only worried about that

25 phase, the left turn for the north and south street,


1 one second taken away -- well, let's put it this way.

2 One extra second of -- added to the north and south

3 left turn takes away that time from everybody else. A

4 typical signal cycle at a place like this is maybe 120

5 seconds. I don't know what it is exactly at this

6 place, but just roughly, so, you know, that's -- one

7 divided by 120 is in the neighborhood of one percent

8 loss of capacity, but, you know, almost always when

9 we're making changes like this, we're also making that

10 same change to the east-west left turn and another one

11 percent there, but --

12 Q. I know, but I'm asking for the east-west driver who

13 has 18 minutes of effective green light every hour.

14 How much effective green time would the east-west

15 driver have per hour if we added one second to Lori

16 Millette's yellow change interval?

17 A. Well, my back-of-the-envelope estimate there would be

18 a one percent loss in capacity for that one second

19 change.

20 Q. Let me do the math here. I can take -- 18 minutes

21 times 60 would give me 11 -- and you tell me if I'm

22 right on this -- 1,140 seconds.

23 MS. MARTINEAU: We don't have a calculator

24 here, Skip.

25 BY MR. STAM:


1 Q. All right. One percent of 1,140 would be 11 and a

2 half seconds, so if -- and you just tell me if this

3 sounds right. Instead of 18 minutes of effective

4 time, the east-west traffic would have 17 minutes and

5 49 seconds.

6 MS. MARTINEAU: We're not going to do math.

7 I mean --

8 BY MR. STAM:

9 Q. Does that sound right, Dr. Hummer?

10 A. Well, for this very rare hypothetical that you're

11 proposing here, sure, that's about right.

12 Q. I mean, east-west traffic would lose eleven seconds --

13 11 and a half seconds per hour. Does that sound about

14 right?

15 A. For that rare hypothetical you're proposing there,

16 sure.

17 Q. It wasn't a hypothetical because they did raise it --

18 lower it from four seconds to three seconds at a point

19 in time, did they not?

20 A. They -- my understanding is that they did, but that --

21 almost always in concert with that they would be

22 changing the phasing -- changing the timing of other

23 phases as well.

24 Q. Which would mean that the north-south traffic would

25 also go from 18 minutes per hour effective green time


1 to 17 minutes and 48 and a half seconds of effective

2 green time?

3 A. Well, right. Everybody around the intersection loses

4 that one percent capacity, not just the east-west

5 through movement, and the -- you know, almost always

6 we'd be changing the yellow time for the east-west

7 left turn as well, that phase, and take away another

8 second there.

9 One thing I want to add here at this point

10 is that the effective capacity loss is not linear.

11 That is to say if we lose one percent of capacity, the

12 effect on delay could actually be much more than one

13 percent, 5 percent, 10 percent, who knows. The curve

14 is not linear. The effects of even a small change in

15 capacity at the wrong time in the wrong place can be

16 quite large in effect to the driver driving through

17 there.

18 Q. For sound engineering in this field, does traffic

19 capacity or safety issues have priority?

20 A. Safety is the number one goal of all transportation

21 agencies.

22 Q. Do you believe that sound physics creates dilemma

23 zones as described by Denos Gazis?

24 MS. MARTINEAU: Do you want to point out

25 what you're talking about so he can look at --


1 BY MR. STAM:

2 Q. Do you believe that sound engineering practices create

3 dilemma zones as described by Denos Gazis in his 1959

4 paper?

5 MS. MARTINEAU: Do you want him to look at

6 that paper? We don't have it in front of us.

7 MR. STAM: He's already told us what it --

8 I'll ask it a different way.

9 BY MR. STAM:

10 Q. Do you believe sound engineering practices create

11 dilemma zones as described in Plaintiff's Exhibit

12 Number 2, Page 3, left column, bullet point number

13 three?

14 A. No. No. Sound engineering practices eliminate

15 dilemma zones as described there. If we apply sound

16 engineering practices, apply the yellow time equation

17 as I've discussed, that all drivers will have the

18 opportunity to make a good decision to get stopped or

19 proceed through.

20 Q. If the judge decides that current engineering

21 practices in North Carolina in fact do create dilemma

22 zones as described in Plaintiff's Exhibit Number 2,

23 Page 3, first column, third bullet point, would you

24 agree that those engineering practices are not sound

25 engineering practices?



2 the question.

3 THE WITNESS: Well, I -- who am I to argue

4 with the judge? We engineers obey the law. If the

5 judge's decision becomes law, we'll adjust to that and

6 obey the law and do what's legally required.

7 BY MR. STAM:

8 Q. According to engineering standards of care, are

9 engineers in traffic signal design responsible to

10 accommodate the requirements of physics and for a

11 range of reasonable driver behavior?


13 the question. Go ahead and answer.

14 THE WITNESS: Well, we certainly can't

15 violate the laws of physics. That doesn't work on

16 earth gravity anyway, and we have to do -- we want

17 to -- we integrate in what we know about human factors

18 and vehicle performance and a whole range of other

19 aspects as well in putting together these kinds of

20 decisions and applying these practices.

21 BY MR. STAM:

22 Q. In the literature on this subject, are you familiar

23 with the term critical distance?

24 A. I've seen it, not a term I would use -- not a term I

25 have used often, but I have seen the term, sure.


1 Q. Is it related to safe stopping distance?


3 the question.

4 THE WITNESS: Yeah, and it -- I think so.

5 Again, the term safe stopping distance, I've seen it

6 out there. I'm not in total agreement with that,

7 either, but I've seen it. I think it is related

8 generally, sure.

9 BY MR. STAM:

10 Q. All right. Does the ITE formula for yellow time for

11 the yellow change interval also embed the formula to

12 compute the critical distance?

13 A. I'll phrase it this way. I think I said this earlier.

14 The ITE yellow time formula as shown here on Page 3 of

15 Exhibit 2 starts from the stopping distance formula

16 that we all use for a wide variety of applications and

17 then use that stopping distance in the way described

18 before, so, sure, this formula starts from the

19 stopping distance formula.

20 Q. In that same formula does changing V in the equation

21 change the length of the critical distance?

22 A. In the stopping distance formula, sure, yes.

23 Q. That same formula and the laws of physics, at what

24 specific location on the road would the traffic

25 engineer measure the V?



2 the question.

3 BY MR. STAM:

4 Q. Where would the -- where must the traffic engineer

5 measure the V? And we sort of touched on that an hour

6 ago. I want to make sure we're still on the same

7 page.

8 A. Right. That's -- the speed is most important at

9 the -- at that stopping distance at that place that we

10 are trying to calculate. It's a bit of a circular

11 process here, is going to do the initial speed study

12 we have to sort of guess where that's going to be,

13 collect our data, then do the calculation of what the

14 actual stopping distance turns out to be. It's

15 difficult to get that exactly right as with any

16 iteration of the process in the first time, but

17 generally speaking we're trying to get the speed at or

18 as near as we can to that stopping distance.

19 MR. STAM: If you'll give me just a moment,

20 I may be able to edit my remaining questions, although

21 they're quite a few. Can you give me a minute here?

22 MS. MARTINEAU: Do you want to go off the

23 record for a few minutes?

24 MR. STAM: Let's take five minutes.

25 MS. MARTINEAU: Okay.






5 10:59 a.m.

6 MR. STAM: Back on the record.

7 BY MR. STAM:

8 Q. Dr. Hummer, suppose the speed limit's 45 miles per

9 hour but a traffic engineer plugs a value for V of 35

10 miles an hour into the ITE yellow change interval

11 formula. Will the resulting yellow change interval

12 allow all drivers traveling greater than 35 miles per

13 hour stop safely using DOT assumptions about

14 perception-reaction time and decelerations?


16 the question. Go ahead and answer.

17 THE WITNESS: No. And let's be clear.

18 That formula didn't allow all drivers to do that

19 beforehand. The formula allowed all drivers to make a

20 decision beforehand, and the formula as you described

21 with that change in speed would create a dilemma zone

22 for those particular drivers with those particular

23 assumptions, but I really must add, as I said before,

24 that drivers adjust, and in my opinion, most drivers

25 going a slightly faster speed than we put into the


1 formula finding themselves in or near that dilemma

2 zone would decelerate faster, would proceed faster,

3 would find a way still to make a good decision and not

4 have to proceed through the -- past the stop bar on

5 red.

6 BY MR. STAM:

7 Q. Okay. Here I'm referring to Walnut Street and Meeting

8 Place, and I wonder if you're familiar with that

9 intersection, the turn into Crossroads Shopping

10 Center.

11 A. I am familiar with that one, yes.

12 MR. STAM: And if you want to bring up,

13 Ms. Martineau, the signal plan for that, that's fine.

14 MS. MARTINEAU: Sure. Hold on.

15 THE WITNESS: We're looking at it.

16 BY MR. STAM:

17 Q. If this road had a 45 miles per hour speed limit, a

18 driver is going to turn left at Meeting Place to turn

19 into the shopping center and is far from the

20 intersection, say two to 300 feet long -- two to 300

21 feet away, the left turn lane is long, over 300 feet,

22 there's no cue waiting to turn left, the arrow is

23 green, can that left turn lane accommodate a 45 miles

24 per hour driver up until the point the driver needs to

25 slow down to proceed safely?


1 A. That driver's probably going to have to slow down to

2 make the move over into the left turn lane. If I

3 recall correctly, that left turn lane is a finite

4 distance, and the driver would have to make a maneuver

5 through the taper there to get into the left turn

6 lane, so some slowing there. The turn is a relatively

7 sharp one. The speed in the turn in this place is

8 probably on average no more than 20 miles an hour,

9 probably average less than that.

10 Q. Does your signal plan show how long the left turn lane

11 is?

12 A. I don't think so. This particular drawing there's a

13 break mark here so we have -- actually I think it's --

14 we could determine from the scale drawing here the

15 length of the full dual left turn lanes. The length

16 of the taper because of the -- where they had a break

17 doesn't look like it could be determined here. We

18 could get -- I think we could scale off and get the

19 length of the full left turn lanes anyway.

20 Q. Well, if there's no cue -- how -- at what point on

21 that signal plan does the driver have to reduce speed

22 to 20 miles per hour?


24 the question.

25 THE WITNESS: The driver's going to have to


1 get speed reduced, and, you know, my estimate would be

2 something less than 20 miles an hour on average in the

3 turn and so I don't know precisely, but some distance

4 before entering the turn the driver's going to need to

5 get slowed down on average past 20, so I don't know

6 what the distance is there, but it will be some

7 distance before the stop bar.

8 BY MR. STAM:

9 Q. We'll come to another exhibit called determination of

10 yellow change and red clearance intervals which is

11 part of the signal design section, transportation,

12 mobility and safety division, DOT, and it says in a

13 note, I'm sure you've seen this, for most left turns

14 assume a speed of 20 miles an hour -- 30 miles per

15 hour, and I'm just trying to ask you as a designated

16 witness -- expert witness for the town, where is that

17 speed to be measured?


19 the question, as if it's to be measured.

20 THE WITNESS: Yeah. And it's difficult to

21 say and it would be difficult for the town engineers

22 to do that as well. It's some distance prior to the

23 stop bar. We -- to do a speed study, we would

24 probably want to go out there and watch it for a

25 while, watch the traffic for a while and try to see


1 where that location is. It's not -- I don't think

2 there's an easy formula application to do this. I

3 should add, too, in this particular place, in this

4 particular case of approach to a protected left turn,

5 that this is a very difficult speed study to perform.

6 There's not -- our current equipment, our current

7 technology is really unsuited to the job of even

8 performing a speed study at this place. Most of the

9 tubes, loops, electromagnetic counting equipment and

10 such that we have doesn't accurately measure speeds

11 below 15 miles an hour so --

12 BY MR. STAM:

13 Q. And is that why the --

14 A. Let me finish, please. This is a, you know, very

15 difficult study to perform, and that is why in most

16 places we're relying on the judgment of the engineer,

17 the engineer's consultant who's very familiar with the

18 area and has made field visits and watched, and their

19 judgment of the speed is probably the best information

20 we have.

21 Q. Looking at that signal plan for Walnut Street and

22 Meeting Place, we've gotten out of scale and it looks

23 like -- on the map itself it looks like in excess of

24 20 feet. Would you take the scale and see if you can

25 estimate the minimum length of that left turn lane?


1 A. Sure. Hang on a second. If I scale it correctly, the

2 full width, dual left turn lane, this is southbound

3 Walnut heading toward Meeting Street, looks to be

4 about 215 feet, and then again it doesn't include the

5 taper which is pretty impossible to measure with this

6 drawing because of the break point.

7 Q. Okay. There are two left turn lanes there, is that

8 correct?

9 A. Yes. It's a dual left turn lane.

10 Q. So you have one left turn lane that goes back even

11 farther, then it doubles at 215 feet, is that about

12 right?

13 A. What I can confirm from this drawing is that the full

14 dual left turn lane configuration is about 215 feet

15 long. I don't know what happens upstream of that.

16 Q. A different question. A road has a 45 miles per hour

17 speed limit, zero grade, perpendicular cross traffic.

18 A driver wants to turn -- intends to turn left but is

19 still far from the intersection, say two or 300 feet.

20 The left turn lane is short, say 100 feet, but there's

21 no cue waiting to turn left. The arrow is green. Can

22 this driver who is still in a common lane travel at 45

23 miles of hour switch to the left turn lane when the

24 left turn lane starts?



1 the question.

2 THE WITNESS: Yeah. I'm sorry. I need

3 that question repeated. I didn't understand it.

4 BY MR. STAM:

5 Q. The road has a 45 miles per hour speed limit sign for

6 the approaching driver, zero grade, perpendicular

7 intersection. The driver intends to turn left but is

8 still far from the intersection, and by that I mean at

9 least two to 300 feet, but the left turn lane is

10 short, say just 100 feet before the intersection but

11 there's no cue waiting to turn left. The arrow is

12 green. Can this driver who is still in the common

13 lane travel at 45 miles an hour then switch to the

14 left turn lane when the left turn lane starts?

15 A. I doubt it. A left turn lane only 100 feet long, that

16 implies a short little taper, and that driver's

17 probably going to have to slow down a good bit just to

18 get themselves into the left turn lane before starting

19 to turn, so that doesn't sound like that they could be

20 traveling 45 at the place you're talking about. You

21 know, again, there's so many factors that work here in

22 real intersections. We can't sit here and second

23 guess what people see out in the field and actually

24 observe, but my guess in that instance you're

25 mentioning, there is no -- they're going to have to


1 slow down a good bit to get into that left turn lane

2 before making their maneuver.

3 Q. Assume the left lane is a center road lane. You know

4 what I mean? Like you have five lanes and the one in

5 the middle -- there's no taper. There's no taper,

6 just a center lane.

7 A. Well, in that case, the pavement markings direct when

8 the driver should enter that lane. There's a -- the

9 pavement markings turn from a yellow -- with a solid

10 yellow with a yellow dashed line beside it, then

11 there's either a gap or the pavement markings turn to

12 a white dash line and then the pavement marking turns

13 to a white solid line.

14 The driver's supposed to maneuver into the

15 left turn lane at either the gap or the white -- I

16 should say that's a white skip line. Either during

17 the gap or the right skip line, so, you know, again,

18 drivers can do all kinds of things. We can't

19 accommodate the 100 percent driver. No, we can't do

20 that. A driver who's performing as intended, as

21 designed, as legal enters that left turn lane either

22 in the skip or the gap, and so that's similar to the

23 situation where there's a curbed median, actually.

24 The reason we do that is that two-way left

25 turn lane almost always exists to accommodate left


1 turns going in the opposite direction into some kind

2 of driveway or side street or something and so it's

3 not like there's an infinitely long left turning

4 deceleration space or cuing space. It doesn't work

5 that way. The two-way left turn lane almost always is

6 accommodating some other use.

7 Q. Assuming that the driver is not violating some other

8 law, is it legal for a driver to travel 45 miles an

9 hour if the posted speed limit is 45 miles an hour no

10 matter which lane the driver is in?

11 A. I don't know. I'd want to consult the lawyer on that.

12 I'm not sure.

13 Q. Do you know any approach to any intersection in North

14 Carolina where the North Carolina DOT posts a

15 different speed limit for a left turning driver as

16 opposed to the through driver?

17 A. I can't think of one. There are a lot of intersection

18 geometries out there. There's a lot of places where

19 left turn drivers are physically separated from the

20 through drivers, and I wouldn't dismiss the

21 possibility of that, but I don't know of one, no.

22 Q. I don't think you've answered this, but maybe an hour

23 ago you did. A 45 mile per hour zero grade road using

24 DOT's assumptions about perception-reaction time,

25 deceleration rate, about how far back from the


1 intersection is the critical distance or the safe

2 stopping distance?

3 A. With a 45 --

4 Q. 45 miles per hour.

5 A. -- speed limit? I believe that -- with DOT's

6 assumptions, I believe that number was 294 feet. In

7 fact, if you hang on for just a minute, I've got that

8 calculation in my file. Hang on just a moment. I

9 don't have to guess. I've got that. Yeah. Right,

10 294 feet.

11 Q. That same route are drivers allowed to go the speed

12 limit 294 feet back from the intersection?

13 MS. MARTINEAU: What road are we talking

14 about?

15 MR. STAM: Well, actually it doesn't

16 matter.

17 BY MR. STAM:

18 Q. Are they allowed to go to the speed limit 294 feet

19 away from an intersection?

20 A. Of course.

21 Q. Okay. A hypothetical for your opinion. Two drivers

22 are traveling side by side approaching an intersection

23 at the speed limit of 45 miles per hour, zero grade,

24 perpendicular intersection. One intends to turn left,

25 the other intends to travel straight through. At the


1 exact same moment, they're side by side, they pass --

2 they're 294 feet from the intersection. Or let's say

3 they're 293 feet from the intersection. Both proceed

4 toward and enter the intersection. The light turns

5 yellow. Both drivers still have their foot on the

6 accelerator. Eventually the left turning driver will

7 slow down to about 23 miles an hour before entering

8 the intersection. The straight through driver will

9 proceed through at a constant rate of 45. Which

10 driver takes the longer amount of time to reach the

11 intersection entry point, the left turning driver or

12 the straight through driver?

13 A. The left turning driver.

14 Q. Did you know that DOT current engineering practice is

15 to give the turning driver less time, not more time?

16 MS. MARTINEAU: For what?

17 THE WITNESS: Yeah.

18 MR. STAM: To traverse the critical

19 distance or the safe stopping distance.

20 THE WITNESS: Well, and that's -- DOT's

21 current practice, as we said, is to -- for an end of a

22 protected left turn phase is to assume a speed of 20

23 to 30 miles an hour, usually 20, for the reasons we

24 talked about, the turning driver's going to have to

25 slow down to likely below 20 or 15 or so during the


1 turn, and the hypothetical that you're posing there is

2 unlikely, that that left turning driver has probably

3 already started to slow down, should be already off

4 the accelerator preparing to get -- make their turn

5 and has hopefully looked up and seen that the green

6 arrow has been on for a while and that noticing that

7 would hopefully reduce their perception-reaction time

8 a good bit and so that --

9 BY MR. STAM:

10 Q. After the --

11 MS. MARTINEAU: Let him finish. Let him

12 finish.

13 THE WITNESS: The situation that you're

14 describing there is -- it seems to me to be a

15 vanishingly remove possibility.

16 BY MR. STAM:

17 Q. Of course, this is after the perception-reaction time

18 question, and I think this is the point. If the left

19 turning driver is decelerating at a rate sufficient to

20 make a safe left turn and the through driver is either

21 accelerating or maintaining the speed at the speed

22 limit, is it not true that the left turning driver

23 will need more time to enter the intersection than the

24 through driver?

25 A. Of course that's correct, but that's -- the left


1 turning driver decelerating means that they should

2 stop. That the correct decision for them would be

3 that they're decelerating anyway, go ahead and get

4 stopped, and I'm sure relative to their stopping

5 distance at that slower speed, that they can decide to

6 get stopped and go ahead and get stopped. So even

7 with the very slow 1.5 second perception-reaction

8 time, that since they're decelerating anyway, they can

9 get themselves stopped.

10 Q. At this point I would like to authenticate or

11 introduce some exhibits, and I think Ms. Martineau has

12 them there.

13 MS. MARTINEAU: I should. I'm not sure if

14 I have them in the order you gave them to me the other

15 day. So go ahead and identify them and I'll grab

16 them.

17 MR. STAM: Can we go off the record for a

18 minute?

19 MS. MARTINEAU: Sure.




23 DEPOSITION EXHIBITS 3-12

24 11:27 a.m.

25 BY MR. STAM:


1 Q. I show you what's marked, Dr. Hummer, as Plaintiff's

2 Deposition Exhibit 3 and ask if you're familiar with

3 that.

4 A. Yes, I am.

5 Q. Did you help prepare it?

6 A. No.

7 Q. And with some change in detail, does it express the

8 same basic formula as the ITE formula one determining

9 yellow change interval length using the kinematic

10 model that was in Exhibit 2?

11 A. Yes, it's basically the same.

12 Q. But it has -- if you would, look at Page 1, middle

13 column.

14 A. Okay.

15 Q. Does it also add the red interval formula?

16 A. Yes, yes. That's what it does.

17 Q. On both sides of the equation?

18 A. Yes.

19 Q. Yellow interval and an all-red interval. And do you

20 note that the term V is used in both terms of the

21 equation, once for the yellow term -- yellow change

22 interval and once for the red clearance?

23 A. That's correct.

24 Q. When the same -- is the meaning of the variables in

25 the first term of that equation -- is the meaning of


1 that variable V in the first part of that equation the

2 same as its meaning in the second part of the

3 equation? In other words, where it's V over 2a plus

4 2Gg, it has a certain meaning, whereas W plus L over V

5 has a certain meaning?

6 MS. MARTINEAU: Do you mean does the value

7 need to be the same?

8 MR. STAM: That's my question to the

9 witness, is what is the meaning of V in that equation,

10 is it the same meaning where it is used in two

11 different places?


13 the question. You can answer.

14 THE WITNESS: Yeah. It's the same V, and

15 the assumption here is that the speed stays constant

16 throughout the interest area of this formula.

17 BY MR. STAM:

18 Q. Okay. Would you go to Page 22.

19 A. Okay.

20 Q. Third column, you see an equation there?

21 A. That's equation four?

22 Q. Is that equation four? Yes, equation four. Are you

23 familiar with that equation?

24 A. Not as much as the previous one. I read this paper,

25 but I'd have to confess, I was paying more attention


1 to the information on the yellow than on the red, so

2 familiar with it but didn't concentrate on it.

3 Q. Looking at the introduction to it, it said how to

4 calculate an all-red clearance interval. Would that

5 be an important equation for traffic safety?

6 A. Sure. Yeah. All-red is important to traffic safety,

7 sure.

8 Q. I would like to go to what's been marked for

9 identification as Plaintiff's Exhibit 4.

10 A. Okay.

11 Q. Are you familiar with this document? What is it?

12 A. I actually wrote a chapter in this one so I'm very

13 familiar with it. It's the Traffic Engineering

14 Handbook, sixth edition, from ITE.

15 MS. MARTINEAU: It's excerpts of it.

16 THE WITNESS: Excerpts.

17 BY MR. STAM:

18 Q. Excerpts, yes. And I can't tell -- what chapter did

19 you write?

20 A. I wrote the chapter on how to conduct traffic

21 engineering studies. I don't remember which chapter

22 number that was, but it's not part of these excerpts.

23 Q. It's not part of these excerpts?

24 A. Right.

25 Q. But you're -- are you familiar with the entire


1 handbook?

2 A. Well, yeah. I can't say I've read the whole thing,

3 but --

4 Q. Are you familiar with these two pages that are

5 excerpted here?

6 A. Yes.

7 Q. I'm sorry. I don't have a page number. I don't know

8 why I don't, but --

9 A. You included here Page 412 and 413.

10 Q. Okay. Thank you. Looking at Page 412 toward the

11 bottom -- well, the middle is -- well, it's toward the

12 bottom. The second full paragraph from the bottom

13 that says as can be seen, would you read that for the

14 record. It's just two sentences.

15 A. It's says as it can be seen from the formula above,

16 slower speeds result in higher values of yellow

17 clearance time. When calculating the needed time,

18 consideration should be given to the values for the

19 15th percentile speed, particularly at wider

20 intersections.

21 Q. Is the first sentence of that paragraph correct?

22 A. I don't believe so. I think that the first sentence

23 is -- there's an error in there, and I think that what

24 they're talking about is the all-red time.

25 Q. Instead of the yellow change clearance?


1 A. Instead of the yellow. That's my interpretation, yep.

2 Q. Do you know if this has ever been corrected?

3 A. I don't know.

4 Q. Would you look at what's been marked for

5 identification as Exhibit 5.

6 A. Sure.

7 Q. And I'll represent to you this is prepared by my

8 client, Mr. Ceccarelli. Is it -- do you have any

9 comment on it?

10 MS. MARTINEAU: Well, ask him a question.

11 MR. STAM: That is a question?

12 MS. MARTINEAU: Well, objection to the form

13 of the question. That's not a question.

14 THE WITNESS: I have no comment on it.

15 BY MR. STAM:

16 Q. Do you agree with it? I could take them one by one if

17 you prefer.

18 A. Yeah. I'm -- I guess I'm okay with equation one and

19 two and four as they are. How to go from equation two

20 to equation three, I -- basically my comment was that

21 I would have liked to seen more explanation here of

22 how to get from -- I guess it was from equation three

23 to equation four, to remove the changes and get to

24 constants. I felt like it -- you know, for me to

25 fully understand what he's trying to say here, I'd


1 want more explanation.

2 Q. Okay. Are there any terms there you don't understand?

3 And I could suggest -- maybe we could -- I mean, you

4 know what the -- A is acceleration.

5 A. Correct.

6 Q. B is -- I'll proceed. We'll save that for later.

7 Show you what's been marked as Deposition Exhibit 6.

8 A. Okay.

9 Q. Have you seen this before today or --

10 A. Yes. Ms. Martineau showed it to me yesterday.

11 Q. Are these equations correct as far as you know in your

12 opinion?

13 A. They look to be, yes.

14 Q. I show you what's been marked as Plaintiff's

15 Exhibit 7.

16 A. Okay.

17 Q. And I note at the very bottom the critical distance is

18 294 feet long, which is the exact answer you gave

19 previously. Does this equation -- do these equations

20 appear correct to you?

21 A. Again, my discomfort is with the term critical

22 distance. I refer to this as the stopping distance,

23 but that aside, the equation and plugging in these

24 numbers, it appears to be correct.

25 Q. So the stopping distance -- so you would say the


1 stopping distance is 294 feet long?

2 A. I would have called this stopping distance, yes.

3 That's my usual term.

4 Q. Where the speed limit is 45 miles per hour?

5 A. That would be my usual usage, yes.

6 Q. I show you what's marked for identification Exhibit 8,

7 11 pages, excerpts from the Manual on Uniform Traffic

8 Control Devices.

9 A. Okay.

10 Q. The very last page attached, probably should be the

11 very first page because it says Page 1, I'd ask if you

12 would go to that page.

13 A. Yes.

14 Q. If you would look at the middle of the page under

15 guidance, to be effective, a traffic control device

16 should meet five basic requirements, do you see that?

17 A. I do.

18 Q. Can you tell me how a yellow change interval conveys a

19 clear simple meaning?

20 A. Sure. That as I think it was your -- one of your

21 first questions. The yellow change interval says that

22 the green has ended and the red is about to begin.

23 That's in my mind a clear and simple meaning.

24 Q. And can you tell us E, looking at E, how the yellow

25 change interval, the light -- actually I mean the


1 light, not the interval, how it gives adequate time

2 for proper response?

3 A. Sure. That's -- as we talked about before, if we use

4 standard engineering practice and apply the ITE

5 equation with the typical values in place for

6 perception-reaction and deceleration, then a driver

7 operating at those parameters will be able to make a

8 good decision and either get stopped before passing

9 the stop bar or proceed past the stop bar before the

10 yellow ends while using their constant speed, so the

11 adequate time for proper response to me is if the --

12 if we apply the formula, drivers have a chance to make

13 a good decision.

14 Q. All right. This is a multiple-choice question.

15 MS. MARTINEAU: I object to your

16 multiple-choice question, but go ahead.

17 MR. STAM: We'll place the laughter by

18 Ms. Martineau in the record.


20 MR. STAM: And counter laughter by Mr.

21 Stam.

22 BY MR. STAM:

23 Q. This is a-multiple choice question. Does the yellow

24 light give adequate time for proper response to the

25 average driver, all drivers, 85 percent of all drivers


1 or some other way that you would answer?


3 question. Go ahead and answer.

4 THE WITNESS: I'll pick D, and my answer

5 would be that it gives adequate time for proper

6 response to almost all drivers, and as I said several

7 times before, there's just no way we can accommodate

8 with current technology every single driver on every

9 single road in every single position doing every

10 single thing, but almost all drivers would have

11 adequate time for proper response if we follow our

12 standard engineering practice.

13 BY MR. STAM:

14 Q. Dr. Hummer, could you quantify almost all? Again it's

15 a multiple-choice question. Which would be closer to?

16 Would it be 99.9 percent of all drivers, 99 percent,

17 98 percent, 90 percent or some other figure?


19 question. Go ahead and answer.

20 THE WITNESS: Some other figure, something

21 higher than 99.9 percent. I'm basing that on the fact

22 that most drivers don't end up violating red signals,

23 and as I said, even where we have provided adequate

24 time for proper response, some drivers will do things

25 that lead them to violate anyway, but most drivers


1 don't violate, and that's our best evidence to say

2 that we're providing adequate time for proper

3 response, so something far greater than 99.9 percent.

4 BY MR. STAM:

5 Q. All right. Does the ITE yellow change interval

6 formula consider the air brake lag time for trucks and

7 school buses?

8 A. Well, the formula allows a chance for engineers to

9 plug in a deceleration rate. The NCDOT and other

10 agencies, NITE, make suggestions as to what a typical

11 deceleration rate should be. If you follow that

12 typical deceleration rate, then there's a greater

13 chance for a truck or a bus to not be able to

14 decelerate at that typical rate, but in a place where

15 we know that there's a lot of trucks and buses, expect

16 a lot of trucks and buses, expect a lot of trucks and

17 buses, expect a lot of trucks and buses to be

18 operating at the speed limit coming through the

19 intersection at a time, that they could be around the

20 stopping distance here, then an engineer has a chance

21 to plug in his or her own value into the equation.

22 You know, keeping in mind that we're trying

23 to also achieve uniformity. There still is a chance,

24 and all of our main documents allow engineers a chance

25 to customize for individual intersections, and a large


1 number of trucks and buses would be one of those

2 things that, you know, could lead us to customize.

3 Q. Do you know what the lag time is for air brakes to

4 engage after the action by the driver on the brake?

5 A. I don't have that here, no.

6 Q. Do you know whether it's approximately three-quarters

7 of a second?

8 A. I'd have to look that up. I don't know offhand.

9 Q. Let's take the intersection where Lori Millette turned

10 left, and you're familiar with this intersection,

11 Kildaire going north, left on Cary Parkway. If a

12 driver used 1.5 seconds to perceive and the driver

13 happened to be a school bus driver or a truck driver,

14 does that driver get extra time to get through or

15 isn't it the same yellow change interval no matter who

16 the driver is?

17 A. Of course it's the same yellow change interval

18 regardless of who the driver is, but traffic engineers

19 are also conscious of a couple other things regarding

20 trucks and buses, and one of those is that they are

21 driven by professionals with many years of experience

22 and additional driver certification. Another thing

23 we're conscious of is that those professional drivers

24 are hopefully driving somewhat slower than the speed

25 limit and especially that they've looked up and seen


1 that the light has been green for a while, applying

2 that experience and, you know, starting to slow down

3 before they even get close to being at their stopping

4 distance, you know.

5 For instance, truck drivers are routinely

6 asked to survey the road 10 or 12 seconds ahead of

7 where they are, and auto drivers I'm sure don't do

8 that, which leads to the third point, is that truck

9 and bus drivers sit up higher. They've got a better

10 view of the road. There's much less chance that their

11 view will be blocked by a vehicle ahead or if there's

12 a curve in the road their view would be blocked by a

13 sign or a hedge or something, so all of those things

14 together go to my point that I made some time ago,

15 that all drivers use all the information that they

16 have available to them and make these adjustments.

17 The formula is a good one and it covers, as

18 I said, almost all drivers almost all times, and then

19 the times that it doesn't, such as a truck or a bus

20 being in sort of the wrong place, that we expect some

21 of these other things to kick in and a truck or a bus

22 driver to make a good decision for themselves as well.

23 Q. If you go to the next preceding page which appears to

24 be Page 512, and I'm looking at the very end of that

25 page, the standard and guidance, the duration of the


1 flashing yellow interval and the duration of the

2 steady yellow change interval and then below that the

3 guidance of about three to six seconds. Other than a

4 minimum of three seconds and a maximum of six seconds,

5 does this manual have any objective criteria other

6 than engineering judgment or engineering practices?

7 A. Well, my response is that I think their word here is

8 determined and used in engineering practice. That is

9 pretty objective as well. That's --

10 Q. Is there -- in your engineering judgment --

11 MS. MARTINEAU: Let him finish if you

12 would.

13 MR. STAM: I'm sorry. It's a little hard

14 for me to know when he's finished if --

15 MS. MARTINEAU: Oh, I know.

16 MR. STAM: -- he stops talking. I'm not

17 intending to interrupt, I'm really not. I don't like

18 interruptions.

19 THE WITNESS: And I'm trying to compose my

20 thoughts as quickly as I can, too. Sorry about that.

21 But where was I going with that, actually? What I was

22 wanting to say was that the engineering practice in

23 this case is very clear.

24 Almost all traffic engineers would identify

25 that ITE formula and its application with


1 perception-reaction times and deceleration rates,

2 somewhat like we're talking about here, as the

3 standard practice. There is -- in our profession,

4 there's very few times when we actually have such

5 widespread agreements on what we should do and what we

6 should use.

7 There's certainly agencies out there that

8 use, for instance, a constant yellow time, but even

9 those agencies would recognize that the ITE formula is

10 something they should look at and consider before they

11 choose their constant yellow, so in our profession of

12 50 different state DOTs and hundreds of different

13 local transportation agencies, it's hard to get this

14 kind of lock step like we have in the case of the

15 yellow time formula so that in this case, you know,

16 the practice I would argue is pretty objective and

17 clear.

18 BY MR. STAM:

19 Q. Do you -- is there a difference between engineering

20 judgment and engineering practice as used on this page

21 toward the bottom?

22 A. Sure, there's a difference. I'm going to apply my

23 words to it and somewhere in the MUTCD here there may

24 be better definitions and I would certainly defer to

25 those, but my understanding of engineering judgment is


1 a chance for the local engineer to apply all of the

2 knowledge they have about a particular site or

3 particular group of drivers and then make their

4 designs and decisions, engineering practice being more

5 of a particular methodology, a particular formula, a

6 particular algorithm on the way to doing something, so

7 my interpretation, the judgment would be a little bit

8 more localized.

9 Q. Okay. I understand. If the judge should decide that

10 the engineering practices for yellow change intervals,

11 whether it's a steady or a flashing yellow, is

12 contrary to the laws of physics, and I preface that by

13 saying if the judge should so decide, would you agree

14 that it would not be a sound engineering practice or

15 sound engineering judgment to oppose the laws of

16 physics?

17 MR. MARTINEAU: Objection to the form of

18 the question.

19 THE WITNESS: Well, I just -- I don't think

20 we can oppose the laws of physics. You know, as long

21 as we're on earth and dealing with humans and machines

22 and, you know, we're not Star Trekkers, some alternate

23 universe, we can't oppose the laws of physics, so if a

24 judge makes a ruling, we will abide by the law and

25 adjust to that.


1 Let me add here, though, that such a

2 ruling -- no, no. Let me stop there. No. We don't

3 oppose the laws of physics. They apply to us just as

4 well as everybody else on earth.

5 BY MR. STAM:

6 Q. If you would look at Exhibit 9, five pages.

7 A. Sure.

8 Q. This purports to be the same chart over time as a

9 document of the signals in geometric section. Are you

10 familiar with any or all of these iterations of the

11 determination of yellow change and red clearance

12 intervals?

13 A. Well, I reviewed this yesterday. I probably have seen

14 these documents before. Which ones I don't remember.

15 I don't remember quite what the contexts were. I've

16 been doing this kind of work for many years, 20 years,

17 22 years as an engineering professor in North Carolina

18 so I probably saw these before but really reviewed

19 them again for the first time yesterday.

20 Q. Would you be able to speak to the reasons for the

21 changes over time?

22 A. Just generally. These are NCDOT documents, and an

23 NCDOT person would certainly be more qualified than I

24 to talk about that. I think generally speaking there

25 has been movement in our profession toward using


1 the -- what's now the standard practice, the ITE

2 formula, more and more.

3 I think years ago, probably when traffic

4 signals first developed and when yellow first

5 appeared, that the practice was a constant yellow

6 time, and the movement I think through the years,

7 especially let's say up until the mid 2000s decade,

8 was to go more and more toward the application of the

9 ITE formula of course first developed by Gazis in

10 1959.

11 I think the Task Force, 2004, and it

12 resulted eventually in the document that we use as

13 Exhibit 3, that came from maybe a bit of a let's kind

14 of hold the line here, that if we apply the ITE

15 formula, especially on roads with quite high speeds,

16 above 55 mile an hour speeds, we'd get to these

17 excessive yellow times, and I talked about that

18 before, the negative effects that those have.

19 So maybe in the last, oh, let's say five,

20 six, seven years there's been sort of a stabilizing of

21 the practice, but the -- what I would say generally is

22 the practice was going from more use of the constant

23 yellow to more use of the ITE formula with a chance to

24 customize for individual intersections.

25 Q. Would you take a look at Plaintiff's Exhibit 10.


1 A. Sure. Yes.

2 Q. And if you would, take a look at the first page.

3 Well, no. I'm sorry. If you would look -- go back to

4 the fourth page where it begins a document entitled

5 Calculation of Yellow Change and All-Red Clearance

6 Intervals: The North Carolina Experience, do you see

7 that?

8 A. Yes.

9 Q. It appears to me that this document is sort of a

10 working draft or a preliminary version of Exhibit 3.

11 A. I think so. My interpretation would be, and I was not

12 involved in drafting either of these documents so I do

13 not know for sure, but my interpretation is that this

14 Exhibit 10 document is sort of the longer report form

15 that was intended for North Carolina audiences, and

16 then Exhibit 3 was a publication in the ITE journal,

17 which is the journal of the organization, ITE, and

18 goes to a national and international audience and was

19 intended really to tell the rest of the world what the

20 North Carolina task force had done and had come up

21 with, but certainly the shorter version published in

22 the ITE journal seems to be closely based on this

23 longer what I'm calling a report.

24 Q. And my understanding from Greg Fuller who testified

25 Monday is that Steven Click, who is the corresponding


1 author, was actually employed by DOT at time of -- at

2 the time he prepared the report or was somehow

3 involved with the task force. Do you know Mr. Click

4 or Dr. Click?

5 A. I do, yeah. He attended NC State during my time

6 there. I was on his dissertation committee. I know

7 him well. I think that Mr. Fuller is right about

8 that, that Steven was at NCDOT during the days that

9 the task force met and was involved with that task

10 force, yes.

11 Q. If you turn to Page 7 of his -- of that document, I

12 just would like you to comment on the final paragraph,

13 which is not in Exhibit 3, but the paragraph that

14 begins initially the speed subcommittee. Do you see

15 that paragraph?

16 A. I do, yes.

17 Q. Would you read that to yourself and then tell me

18 whether you agree with it, disagree with it or any

19 other comment on it.


21 the question.

22 THE WITNESS: Okay. I've read it. Could

23 you restate your question, please.

24 BY MR. STAM:

25 Q. Do you agree with it, disagree or have other comments?


1 MS. MARTINEAU: Same objection.

2 THE WITNESS: Well, I'm glad that a

3 subcommittee was looking at different options. That's

4 what committees should do. That's what the whole task

5 force was supposed to do, I thought was to look at all

6 the available options for yellow and all-red timing

7 and make recommendations on what the best practice

8 was, so I'm glad they were looking at different

9 options.

10 I guess this is the second sentence here

11 talking about the difficulty of quantifying all the

12 variables, and that's I think I've been trying to say

13 that several ways throughout my deposition here, is

14 that there's so many factors that go into the

15 determination of the speed that we're, you know, best

16 to leave the formula as it is, make a recommendation

17 of sort of a default value, 20 miles an hour, leave

18 some discretion for local engineers to change that to

19 25 or 30 if they think that that's more appropriate

20 but not try to what I would call over engineer and

21 come up with some formula that's -- that we really

22 don't understand, that we really don't have enough

23 data to back it up.

24 Which reminds me, of course, you know,

25 another difficulty here is that we don't do anything


1 out there in the way of changing practices or signs or

2 signals without empirical evidence, without running a

3 test and seeing how it goes in the field, and I think

4 that's sort of implied in the last paragraph here,

5 too, is, you know, it's difficult to quantify all

6 these variables.

7 I said before it's difficult to collect the

8 speed, difficult to quantify all those variables

9 because the experiment would be really difficult the

10 research would be really difficult, and we don't put

11 anything in the field without testing it first,

12 without the empirical evidence, so I think they're

13 kind of hinting at that in this response as well, so

14 I --

15 BY MR. STAM:

16 Q. Looking at the second to the last line there, they're

17 going to come up with a single speed, quote,

18 determined when the vehicle was negotiating the left

19 turn. Do you see that?

20 A. I do.

21 Q. So for the situation of the North Carolina DOT ideal

22 driver turning left, have you ever done the math or

23 could the math be done that shows the difference in

24 location between where a driver must slow down in

25 order to stop and the location where a driver must


1 slow down to a comfortable intersection entry speed?


3 the question.

4 THE WITNESS: You know, I've done some

5 stopping distance calculations if -- that's what I

6 think you were asking.

7 BY MR. STAM:

8 Q. Well, that wasn't what I was asking, but I do

9 appreciate the answer. The V in the equation, if they

10 do it when the vehicle V is negotiating the left turn

11 as in the second to last line of that page, will

12 obviously be different than the V in the initial speed

13 as in Exhibit 2, the 1994 ITE paper. Is that correct?


15 the question.

16 THE WITNESS: Well, no, not obviously.

17 There's lots of cases, I'm sure majority of the cases

18 where drivers kind of cruise through the left turn bay

19 and into their left turn at a constant speed, and

20 especially when they're cued, but even drivers who

21 know that they've got time enough to make their turn

22 and want to make a comfortable deceleration and just

23 kind of cruise through the bay in their turn, so, no,

24 I don't think that's obvious.

25 I think the -- I think the committee's


1 expressing here that they -- that we really don't

2 know, that it's a very complex procedure. It's

3 different at all kinds of intersections. It's

4 difficult to collect the data. It would be difficult

5 to put an equation together that would apply in a lot

6 of places, and when we don't know, let's pick a value,

7 and, again, 20 miles an hour is on the high side for

8 the turn. Most drivers, you know, our data are very

9 clear about this, the data in the paper here are

10 clear, that, you know, most drivers are turning --

11 making a left turn at a speed lower than 20.

12 BY MR. STAM:

13 Q. But for the driver who doesn't see the yellow light

14 right at the stop bar but sees it at some point back

15 from the stop bar at some point, where is the critical

16 distance for the safe stopping distance for that

17 driver who may be going 30 miles an hour at some

18 distance back?

19 A. Well, again, I'm not using the critical point. That's

20 not my terminology. The stopping distance depends on

21 speed, so, you know, where -- a driver approaching an

22 intersection at the speed limit, let's say 45 miles an

23 hour, makes a left turn at a speed on an average of 15

24 miles an hour, so they've got to get slowed down

25 somewhere on the approach to the intersection between


1 45 and 15. It's complex. We don't know what that

2 profile looks like. We don't know where they do.

3 I've given you several reasons to think

4 that most drivers do most of their deceleration before

5 they get into the left turn bay and that the choice of

6 20 miles an hour as our standard practice is

7 appropriate for most of those drivers most of those

8 times, and, you know, I've also agreed that there's --

9 there will be other drivers that will not do what most

10 do, and that's always the case for us. We can't

11 design for the 100 percent.

12 Q. Look at Exhibit 11.

13 A. Sure. Okay.

14 Q. It's four pages, and I'm looking at Page 2, the second

15 page, which is labeled Kildaire Farm Road and Cary

16 Parkway.

17 A. Okay.

18 Q. I'll represent to you where this comes from, that

19 Mr. Ceccarelli got the Excel spreadsheet directly from

20 the town of Cary, that he pushed a couple of buttons

21 on his computer which generated this graph. I

22 wouldn't know how to do it myself, but that's what it

23 appears to be, is a graph of over time the number of

24 citations per month at a particular intersection,

25 northbound turning left on Kildaire Farm Road. Do you


1 see that graph there?

2 A. I see the graph, yeah.

3 Q. And later on we'll look at the signal plans which tell

4 when the plans were approved, but those plans don't

5 show when they go into effect. As a professor of

6 engineering, if you had seen this graph, what would

7 your immediate -- what would your impulsive immediate

8 nonscientific reaction be to looking at that graph?

9 A. That something changed in November, December of 2009.

10 Yeah. Something changed on the road, in the signs, in

11 the signal. Something changed.

12 Q. Before that time there were about two -- well, let's

13 say about an average of 75 violators per month which

14 would mean about two to three a day.

15 MS. MARTINEAU: Are you purporting that

16 that's what this graph shows?

17 MR. STAM: Well, the witness can --

18 MS. MARTINEAU: Because he I mean, he's --

19 BY MR. STAM:

20 Q. Looks to me about 75 a month. Does that look like it

21 to you, Dr. Hummer?

22 A. Yeah. I just have no idea where these numbers came

23 from. You're representing something to me. I have no

24 way to check or verify or --

25 Q. If I'm right, that the numbers came direct from the


1 town of Cary, your answer is totally dependent on if

2 that is true or false?

3 A. Well, and --

4 Q. If it's false, then your -- we'll strike your answer,

5 but --

6 MS. MARTINEAU: Well, no. He doesn't have

7 any foundation for the graph, so all I'm asking you to

8 do is just say, you know, I purport this is what this

9 graph is showing and then ask --

10 MR. STAM: That's what I've done.

11 BY MR. STAM:

12 Q. And, Dr. Hummer, the town of Cary that's retained you

13 as an expert witness in this case, have they not

14 provided you the data for the citations for the

15 intersections in question?

16 MS. MARTINEAU: What data? You mean the

17 number of tickets at the intersections?

18 MR. STAM: Number of citations per

19 intersection per month over time.

20 THE WITNESS: Yeah. I haven't seen those

21 data.

22 Q. Okay. You may find this interesting. Mr. Ceccarelli,

23 after he got a citation, went to the Cary office, saw

24 the Excel spreadsheet on the walls and said, a-ha,

25 engineering error, and my question to you is as a


1 professor of engineering, when you teach students to

2 look for anomalies or things to discover engineering

3 errors, is spikes in graphs something you would look

4 at?

5 MS. MARTINEAU: Objection to the form, move

6 to strike the part of the question that wasn't a

7 question. You may answer.

8 THE WITNESS: I would never jump to the

9 conclusion that there's any kind of error here. You

10 know, first reaction to the graph is that something

11 changed. We're looking at one dimension here. We're

12 not seeing what happened around the rest of the

13 intersection. We're not seeing what happened to

14 collisions. We're not seeing what happened to cues,

15 to congestion, to speeds, to -- you know, there's many

16 dimensions to the performance of an intersection, and

17 before jumping to any kind of conclusion that there

18 was any kind of error here, you'd want to see much

19 more of the complete picture to see what goes on here.

20 BY MR. STAM:

21 Q. Assuming solely for the purpose of a hypothesis that

22 the only thing changed was the time of the yellow

23 change interval went from four seconds to three

24 seconds around December of 2009, and then around July

25 to August of 2010 the town of Cary just cut the camera


1 off, just turned it off. If that -- in those two

2 assumptions are correct, that there was no change in

3 the physical characteristics of the intersection or

4 the abilities of the drivers and only a change in the

5 time, would that change your opinion?

6 A. Well, if that was true, but that's almost never true,

7 and I would go into this doubting that that would be

8 true. It's not usual practice for agencies to go in

9 and change a yellow time in isolation. Almost always

10 that's done with some other package of improvements.

11 What I happen to know about this intersection is that

12 flashing yellow arrow was installed at some point in

13 that time frame. I don't know if it was exactly

14 November and December of '09, but sometime in the late

15 part of that decade.

16 Were other changes made, that's -- seems to

17 me highly unlikely that that's the only thing that

18 changed as a person who's made a big part of my career

19 on research. I have to say that that's a vanishingly

20 small possibility. We go around looking for times

21 when agencies only change one thing so that we can

22 measure them, and we have a hard time finding those.

23 This would be a rare and special case indeed if that

24 were the case. It might be. I don't know, but I

25 doubt it. Almost always it's -- a change in yellow is


1 made as part of the package.

2 Q. I mean, you would not, for example, think that maybe

3 in December of 2009 all the drivers around Cary

4 suddenly got a death wish to start running red lights,

5 that driver behavior suddenly changed?

6 A. I agree with you with that, and I've written about

7 that before and I've said that many times in class,

8 that our driver population and practices tends to be

9 one of the most stable things that we deal with,

10 and -- but I've also said that's by design. That's

11 because we try to promote uniformity and get those

12 messages out there.

13 We have succeeded to a large extent and

14 that's what you see, and I agree with you that one of

15 the last things we would suppose is that the driver

16 population or its behavior changed drastically. I

17 agree with that, but let's, you know, bring that back

18 and say that's by design, that's what we intend, that

19 just doesn't happen.

20 Q. I'd like to look at the first page of that exhibit

21 which is Cary Town Boulevard and Convention Drive.

22 A. Okay.

23 Q. Which again I'll represent to you is a graph of data

24 from the town of Cary and that at a certain point

25 around March of 2010, the town of Cary increased the


1 yellow change interval from four seconds to 4.5

2 seconds, which seems like a very small change, just a

3 half a second, but does it appear to you that the

4 number of violations go down significantly when they

5 corrected their -- and I assume it was a correction or

6 they wouldn't have done it, when they corrected their

7 yellow change interval by only a half a second?


9 the question. He can look at the graph and the graph

10 shows what the graph shows. You purported it to be

11 what it is.

12 THE WITNESS: A lot of this, if it is what

13 you say it is, then, again, I -- my reaction is that

14 something changed, and, again, my instinct is based on

15 my many years of experience here in the profession and

16 as a researcher, is that almost always that change was

17 not in isolation, that there were other things

18 happening at this time, and, you know, that's what

19 makes a good research project or a paper that's

20 capable of being published in the peer review

21 literature in engineering is that we are able to

22 eliminate all those other causes and get down to, you

23 know, just one thing or one thing we're sure of that

24 changed, and, you know, these data not coming from a

25 peer review paper, I'm kind of doubtful that that's


1 the case. What I go into it thinking about here is I

2 look at these data.

3 BY MR. STAM:

4 Q. Assuming only for purposes of discussion what our --

5 Plaintiff's contention is, is that the previous

6 traffic signal plan assumed the speed limit of 35

7 miles per hour when the actual speed limit was 45

8 miles an hour and Mr. -- actually the town prepared a

9 plan to change it before Mr. Ceccarelli got his

10 citation, but then it wasn't actually approved by DOT

11 and put on the ground until after he got his citation.

12 So just for purpose of discussion, the only change was

13 the town of Cary recognized that the signal plan was

14 incorrect by having the wrong value for V in the

15 equation, using 35 miles an hour instead of 45, when

16 in fact there was no change of the actual speed limit

17 but they just discovered a mistake.

18 So if the judge should find that that was

19 the only thing that changed at the point when it went

20 way down in March of 2010, and, indeed, the judge has

21 limited our class to those before that time it was

22 corrected, would that graph not show you that the

23 number of violations goes up or down much more than

24 linearly? I think you mentioned this when we were

25 talking about the green time, that a one-second change


1 could be much more than a -- geometric instead of

2 linear. Do you understand what I'm saying,

3 Dr. Hummer?

4 A. That part, yes.

5 Q. Okay. So, for example -- for these first two pages,

6 it seems like for Kildaire Farm Road and Cary Parkway

7 that a mere one-second change out of four raises the

8 number of violators six, seven, eight times, and in

9 Mr. Ceccarelli's case, the first page, a mere half a

10 second reduction or increase in this yellow change

11 interval drastically decreases the number of

12 violators.

13 MS. MARTINEAU: Do you have a question?

14 BY MR. STAM:

15 Q. The question is do you agree that that's a geometric

16 result rather than a linear result?


18 the question, misrepresented facts. Go ahead. I'm

19 just putting my objection.

20 BY MR. STAM:

21 Q. Mr. Ceccarelli says I may not have used the right

22 words.


24 the question, misrepresenting --

25 BY MR. STAM:


1 Q. Dr. Hummer --

2 MS. MARTINEAU: Wait. Let me put my

3 objection in. Objection to the form of the question,

4 misrepresenting facts not in evidence. Go ahead.

5 MR. STAM: The question was objectionable,

6 I agree with you, but I would like to know Dr.

7 Hummer's answer to my objectionable question.

8 MS. MARTINEAU: If there was a question. I

9 didn't really see a question in there, Skip, but go

10 ahead.

11 THE WITNESS: What I see in this graph is a

12 change in the case of the -- Page 1, Cary Town

13 Boulevard and Convention Drive, it looks like the

14 change happened around February or March of 2010. The

15 shape of the change does not appear to be linear.

16 What particular shape it is, who's to say.

17 One thing I would want to point out is that

18 we don't know what happened after December of 2010 or

19 what would have happened if the cameras would have

20 stayed on, and drivers adjust, and it's quite

21 possible, and it happens in all kinds of cases that we

22 see in traffic engineering, that the agency changes

23 something on the road, the drivers react to it not

24 well for the first few weeks, months, and then a

25 gradual return to the -- what you might say typical


1 levels.

2 BY MR. STAM:

3 Q. In that duration --

4 A. Sorry. I'm grabbing some water. I've got something

5 else. We've got a term for that. That's called the

6 feedback mechanism. That's a term I think that's out

7 of psychology or human factors, one of the other

8 sciences that we use, and it is the process of drivers

9 adjusting to what changes out there and then returning

10 back to their level, so, unfortunately, in this case

11 we don't get to see whether drivers would have, you

12 know, reverted back to that level that we were seeing

13 before, maybe they would have, maybe they wouldn't,

14 but we don't get to see that.

15 Q. Are you talking about Page 1 or Page 2?

16 A. Page 1.

17 Q. That one never got turned off, but are you referring

18 to the phenomena that's noted on the document,

19 determination of yellow change and red clearance

20 intervals? It's in a couple of the exhibits you've

21 already talked about. It's that one -- for example,

22 Exhibit 9, which is five pages of the most current

23 version. It's also in Exhibit 3, that inset formula.

24 In the second to last note it says that consider

25 adding a note to the plan to direct field forces to


1 reduce the time incrementally.

2 MS. MARTINEAU: Where are you looking at?

3 BY MR. STAM:

4 Q. Do you know which exhibit I'm looking at?

5 A. Exhibit 9 which is the NCDOT five-page --

6 Q. I would be looking at the last page of that.

7 A. Okay.

8 MS. MARTINEAU: What's the date of that one

9 you're looking at?

10 MR. STAM: July of '09.


12 BY MR. STAM:

13 Q. And in the second column under notes, do you see the

14 second to last note?

15 A. Yes.

16 Q. If you could just scan that for a sec.

17 A. Right. Yeah. Exactly. That's -- the idea is when we

18 make a change to anything, yellow time, red time,

19 green time, signing, geometry, almost any kind of

20 change on the highway, drivers almost universally act

21 badly toward it. They don't like change.

22 That's the theme here. We try to keep

23 things uniform. When we change, we try to monitor

24 that, and if it's a large change and it's reaction is

25 very bad, we try to make -- you know, kind of break


1 that up and -- I like their word here, is to reduce

2 the time incrementally. That is a little bit at a

3 time to try to ease the transition there. That's

4 standard good practice.

5 Q. Using that principle, would you go back to Exhibit 11,

6 the second page which is the graph of citations at

7 Kildaire Farm Road and Cary Parkway.

8 A. Sure.

9 Q. Lori Millette.

10 A. Sure.

11 Q. Going from four seconds to three seconds and knowing

12 that 1.5 of that is perception change, you're really

13 going from 2.5 seconds to stop or to proceed through

14 to 1.5 seconds to stop or proceed through, is that

15 correct?


17 the question.

18 THE WITNESS: I don't know what that --

19 where that 2.5 and 1.5 came from.

20 BY MR. STAM:

21 Q. It would be four seconds minus 1.5 is

22 perception-reaction time equals 2.5 stop or proceed

23 time.


25 the question.


1 BY MR. STAM:

2 Q. And then for three seconds, minus 1.5 would leave you

3 1.5 seconds to actually stop or to continue proceeding

4 safely into the intersection.

5 MS. MARTINEAU: Same objection.

6 THE WITNESS: Yeah. That's a -- not the

7 way the formula's intended to be applied, but okay.

8 BY MR. STAM:

9 Q. I may have misstated it, but you understand the point

10 I'm trying to make? That to go from four seconds to

11 three seconds is not a 25 percent decrease in your

12 time to brake or time to enter the intersection if

13 you're not braking. Instead, it's almost a 40 percent

14 reduction from 2.5 to 1.5.


16 the question. Just because that's the value of

17 deceleration, he's already testified that's not what

18 most people -- you know, 11.2 is not most people's --

19 excuse me. 1.5 is not most people's -- it doesn't

20 take most people 1.5 seconds to make a decision

21 whether they're going to stop or go.

22 BY MR. STAM:

23 Q. Are you able to answer the question, Dr. Hummer?

24 A. I'm still not particularly understanding the question.

25 Let me try to answer it this way. Three seconds is


1 plenty, standard engineering practice. They meet the

2 practice. They did what they should have done there.

3 Previously they had four seconds, don't know why,

4 not -- maybe the four seconds was there from some

5 previous practice, not sure why that was there, but

6 the change to three seconds, three was still meeting

7 the standard practice. It was adequate. It would

8 have worked, provided enough time for the vast

9 majority of drivers to make a good decision.

10 Q. Well, Dr. Hummer, looking at your Exhibit 9 again,

11 five pages, up until March of '02, wouldn't the yellow

12 change interval in seconds be at least 4.7 seconds?

13 MS. MARTINEAU: For through or for left

14 turns?

15 MR. STAM: For -- well, I don't think this

16 one has a separate -- wait. I'm sorry. Sorry. I

17 withdraw that. Go back to -- well, for either one.


19 the question. I think you need to restate it.

20 MR. STAM: I mean, look. It has -- for

21 anything -- if you look at the first sheet, for any

22 speed less than 40 miles an hour, yellow interval

23 change in seconds, 4.0.

24 MS. MARTINEAU: What sheet are you looking

25 at?


1 MR. STAM: That's true on sheets one, two,

2 three, so even if you're saying it's 20 miles an hour,

3 until you got to '05, the minimum was four seconds.

4 THE WITNESS: Again, these are NCDOT sheets

5 and the question is better directed toward an NCDOT

6 person, but let me take a stab at it. The first sheet

7 in Exhibit 9 from October of 1999 does not seem to

8 say -- well, I take that back. On the right side,

9 even though the first sheet, the last paragraph says

10 for most left turn lanes assume the speed of 20 miles

11 an hour for high-speed locations with turning angles

12 greater than 90 degrees, higher speed may be used, so

13 it's unclear from this first sheet what NCDOT

14 personnel are supposed to do with it, but the note

15 directing people to use 20 miles an hour implies that

16 they should be plugging that into the ITE formula and

17 using what comes out of that formula at that time.

18 The second page of this exhibit has that

19 same note to assume a speed of 20 miles an hour, and

20 the second page is from May of 2001. The third page

21 from March of 2002 has a note at the bottom of the

22 left column. It says for separate left-turn phases

23 use 4.0 seconds, and it appears to be the first time

24 that that appeared, but actually it appeared on the

25 second sheet as well, but on this third page from


1 March of '02, they also have the note about 20 miles

2 per hour.

3 So those first three sheets I'm going to

4 conclude are unclear and giving sort of contradictory

5 advice, but the 20 mile per hour note on there shows

6 that -- or implies use the formula with 20 miles an

7 hour.

8 BY MR. STAM:

9 Q. Let me go back to Exhibit 11 and sheet two, and

10 hopefully this will be my last question if I'm able to

11 express it so you can answer it. You see which one

12 I'm talking about, Kildaire Park Road and Cary

13 Parkway?

14 A. I've got it.

15 Q. From that graph, would you hypothesize, I won't say

16 conclude because you might want to do further

17 investigation, would you hypothesize that the town of

18 Cary followed the advice or the notes on that

19 determination of yellow change interval to make the

20 change from four seconds to three seconds gradually in

21 increments of two-tenths of a second per week?


23 the question. He has a lack of foundation. Answer if

24 you know.

25 THE WITNESS: Yeah. I don't know what else


1 was going on out there at that time. I would need to

2 know a lot of other things about that intersection.

3 Where I sit right here, the people that know the most

4 about that intersection and how it's operating are the

5 town traffic engineers, and I'm going to defer to them

6 to make the best judgment they can about how to make

7 that change. There's certainly, you know, a custom in

8 our profession, and that note that you pointed out,

9 there's reasons to think about making changes

10 incrementally certainly, but I'm in no position to

11 second guess that from here. They know better. They

12 know their intersection. They know their drivers.

13 They know what they're trying to accomplish, so that's

14 got to be left up to the locals.

15 BY MR. STAM:

16 Q. One follow-up question on that and then I'll go to my

17 next exhibit. Citations for red light of violations

18 in Cary punish drivers with a $50 penalty. Do you

19 think that drivers should be punished for engineering

20 changes?


22 the question. They get violations for running red

23 lights.

24 THE WITNESS: Yeah. That's -- that is my

25 answer. They get violations for running red signals.


1 They get violations for disobeying the law.

2 BY MR. STAM:

3 Q. On that sheet were the drivers who entered that

4 intersection after the change any more culpable than

5 the drivers who entered that intersection before the

6 change?

7 A. Both sets of drivers violated the law.

8 Q. Go to Exhibit 12.

9 A. Okay.

10 Q. Are you familiar with that document?

11 A. No. This is another one I just saw yesterday.

12 Q. We may be finished. If you'd just give us about two

13 minutes, I think I'm about finished unless I consult

14 and have one more question.

15 MS. MARTINEAU: Do you want to go --

16 MR. STAM: I'm sorry. We are finished. We

17 are finished.

18 MS. MARTINEAU: All right. I'd like to

19 take a break. I do have a couple of questions. Do

20 you want to take five minutes?

21 MR. STAM: Sure. Just un-mute when you're

22 ready to go.


24 (Recess taken at 12:33 p.m.)

25 (Back on the record at 12:54 p.m.)


1 EXAMINATION

2 BY MS. MARTINEAU:

3 Q. Dr. Hummer, as you know, my name is Elizabeth

4 Martineau. You've been designated by me on behalf of

5 the town of Cary to serve as an expert witness in this

6 case. I know we -- Mr. Stam attached a copy of your

7 current CV to this deposition, but would you please

8 talk about your education and experience with traffic

9 signal design.

10 A. Sure. Yes. Education, bachelor's and master's

11 degrees in civil engineering from Michigan State

12 University with a course in project work in traffic

13 signals, Ph.D. from Purdue in civil engineering with a

14 course in project work and traffic signals, and my

15 dissertation was on leading versus lagging left turn

16 indication at traffic signals, so dissertation on

17 really almost this topic, and then two and a half

18 years as an assistant professor of civil engineering

19 at UNC Charlotte teaching and doing research in

20 several areas of transportation operations and safety

21 and design, many of them related to traffic signals,

22 and then 20 years as a professor at NC state, again

23 with research and teaching in many areas of operations

24 and safety and design related to traffic signals.

25 Q. Okay. Are you a licensed engineer?


1 A. Yes.

2 Q. Where are you licensed?

3 A. Professional engineer in North Carolina.

4 Q. Do you know in North Carolina whether traffic signal

5 plans can be signed and sealed by someone other than a

6 professional North Carolina licensed engineer in North

7 Carolina?

8 A. No. They have to be sealed by a North Carolina PE.

9 Q. I wanted to ask you -- you talked -- let's first look

10 at, if you would, the excerpts of the Manual of

11 Uniform Traffic Control Devices that have been

12 identified by Mr. Stam as Exhibit 8, and if you

13 would -- are you familiar with the Manual of Uniform

14 Traffic Control Devices, the 2009 version?

15 A. Yes.

16 Q. All right. Do you use the Manual of Uniform Traffic

17 Control Devices in your role as a professor teaching

18 traffic signal engineering to students?

19 A. Often, yeah, teaching and research.

20 Q. Okay. And there are -- if you look at Page 485, there

21 are -- there's headings called guidance and standard

22 and option. Do you see that?

23 A. Yes.

24 Q. What is the difference between what MUTCD means by

25 standard versus guidance versus option?


1 A. Standard is the sort of highest level, the things that

2 we must do. Basically the law requires us to do those

3 things. Guidance is the next level down from that.

4 Guidance is a should whereas standard is a shall. A

5 should is a very strong bit of information. If -- as

6 an engineer, if we're not following the guidance, we

7 better have a darn good reason. We better have done a

8 study and have some data and have some justification

9 ready report for the file. If we violate something

10 that's a guidance and a collision happens because of

11 that violation, we're very vulnerable to a lawsuit and

12 being held liable for that, so guidance is quite

13 strong. Support is the -- or option, or the next

14 lower level, option is to allow us to do something,

15 and it's a good idea to have documentation if we don't

16 follow an option but probably not going to result in a

17 successful lawsuit, not going to be liable, and, of

18 course, support is just other information that we

19 should be aware of, so it's a hierarchy of strength.

20 Q. Okay. And for what is the Manual of Uniform Traffic

21 Control Devices, what is the standard for determining

22 the yellow duration or the yellow change interval

23 according to the MUTCD 2009 edition?

24 A. Well, the key sentence there on page 485 is the

25 duration of the yellow change interval shall be


1 determined using engineering practice.

2 Q. And is there also then a guidance for determining the

3 duration of yellow change intervals on the 2009 MUTCD?

4 A. Back a few pages, flipping through here, Page 489,

5 toward the top of Page 489 provides the guidance that

6 yellow change intervals should have a minimum duration

7 of three seconds and a maximum duration of six

8 seconds.

9 Q. Okay. If you would turn your attention to the last

10 page of Exhibit 8 that says 2009 edition, Part 1,

11 general.

12 A. Yes.

13 Q. Okay. You were asked questions regarding under

14 Section 1A.02, principles of traffic control devices,

15 guidance. What is your understanding of how the

16 yellow duration or the yellow change interval should

17 meet Guidance D, command respect from road users?

18 A. Yeah. That's a really important one for us that we

19 should not skip over. The command respect really gets

20 to the business of lengthening the yellow and the

21 almost universal concern among traffic engineers that

22 if we provide too long a yellow, that drivers will

23 start to treat the yellow as if it was green and then

24 we'll be in a tough spot of trying to convey when we

25 really mean it, when the drivers really should pay


1 attention to a yellow.

2 Lengthening the yellow has an excellent

3 chance of eroding that respect that we currently now

4 have for the yellow time, and so D there under

5 guidance is a very important one that we all as

6 engineers have in mind and try to maintain that

7 respect.

8 Q. And are you familiar with your -- well, in your past

9 role of teaching -- when did you stop -- when did you

10 change from NC State to Wayne State University?

11 A. I moved here the start of fall semester, which was the

12 middle of August of 2012.

13 Q. So when was the last time you were teaching North

14 Carolina students traffic signal engineering?

15 A. I taught them during the summer of 2012.

16 Q. Okay. And are you familiar with the general standard

17 practice of traffic signal engineering in North

18 Carolina?

19 A. Yes.

20 Q. And how are you familiar with that?

21 A. As a teacher and as a researcher. I've never put my

22 PE stamp on a set of signal plans, but I have taught

23 this material for upwards of 23 years and not only to

24 our students at NC State but also in short courses in,

25 for instance, the PE review class where people go to


1 review for the exam to become a PE. For many years I

2 taught the material on signal timing, and yellow time

3 and all-red time is a standard question on the PE

4 exam. So I would teach, you know, not only our

5 graduate and undergraduate students but professional

6 engineers or PE wannabes on how to do these things,

7 research-wise as well as a number of projects having

8 to do with signals, signal timing, signal operation,

9 red light running cameras and other aspects of

10 signals.

11 Q. You also indicated you were a member of the -- of ITE.

12 What does ITE stand for again?

13 A. It's the Institute of Transportation Engineers.

14 Q. What is that?

15 A. It's an organization of about 15,000 members worldwide

16 that try to promote the profession, conduct research,

17 publish documents that we all need, establish

18 standards and recommended practices. It's really our

19 professional organization.

20 Q. Are you familiar with the recommended practice ITE has

21 promulgated for the calculation to determine yellow

22 change intervals?

23 A. Sure. Yeah. We looked at that before most

24 prominently in the traffic engineering handbook.

25 That's an ITE publication.


1 Q. Okay. Is there -- from your experience as a North

2 Carolina professional licensed engineer as well as

3 your role as an educator of engineers and your role as

4 a member of ITE, is there much or any disagreement

5 regarding what the formula should be for determining

6 the length of yellow times?

7 A. There's no disagreement that I know of. There are --

8 there have been a series of research projects through

9 the years to look at the values that we enter into the

10 equation, the deceleration rates, the

11 perception-reaction times. That research continues.

12 It's good to have that. We keep trying to come up

13 with the best recommendations for those values, but as

14 far as the formula goes, I know of no disagreement out

15 there.

16 This is -- and I think I said this before.

17 In my world, in the traffic engineering profession,

18 this is about as close to universal agreement as

19 anything that we do. It's along the lines of that,

20 you know, stop signs should be red kind of thing.

21 It's -- you know, almost all of us agree on it.

22 Q. Can you take a look at the document that shows the

23 North Carolina DOT -- the one that shows the

24 calculations, NCDOT calculations. Let's see. It's

25 exhibit -- let me --


1 A. This one?

2 Q. Yes. Take a look at Plaintiff's Exhibit 9. And you

3 testified that this is an NCDOT internal document as

4 far as you know, is that right?

5 A. Yes.

6 Q. And are you also familiar with NCDOT's recommended

7 practice of using 1.5 seconds for perception-reaction

8 time?

9 A. Yes.

10 Q. And is 1.5 seconds a more forgiving or lenient time

11 than the recommended ITE of 1.0 seconds?

12 A. Yeah. Recommended ITE and other agencies. Many use

13 one, so the 1.5 seconds perception-reaction time is

14 more lenient.

15 Q. Are you familiar with the perception-reaction time

16 that professional engineers -- excuse me, professional

17 traffic signal engineers use currently in North

18 Carolina currently?

19 A. I think it's the 1.5 seconds.

20 Q. Does that meet engineering practices as far as --

21 well, does that meet engineering practices, using 1.5

22 seconds as a perception-reaction time?

23 A. Yes. Yes, it does.

24 Q. Is there anything controversy in the engineering

25 community of traffic signal engineers of using a 1.5


1 perception-reaction time?

2 A. If anything, there's maybe a feeling out there that

3 it's overly generous. I don't have any data on this,

4 but I would guess that, you know, most agencies

5 actually use the 1.0, so, again, it's on the lenient

6 side.

7 Q. Sure. But for North Carolina, it's your understanding

8 that 1.5 is a general accepted practice that traffic

9 signal engineers use when determining

10 perception-reaction time?

11 A. Yes.

12 Q. Okay. Now, are you -- we talked a little bit about

13 the North Carolina section of ITE Task Force, and you

14 were not a member of that task force, correct?

15 A. I was not.

16 Q. Were you aware that they -- that such a task force was

17 looking at the practices of North Carolina traffic

18 signal engineers in determining yellow and red times?

19 A. Yes, I was aware of the task force, yes.

20 Q. Do you know whether or not when the task force came

21 out with its report and later when Steven Click wrote

22 his ITE publication, what did the publication

23 recommend regarding the length -- excuse me, regarding

24 how to determine the length of yellow change intervals

25 for dedicated left turns?


1 A. To use the standards ITE equation and to use a speed

2 of 20 miles an hour in most circumstances but to

3 recommend that engineers could use a speed higher than

4 that up to 30 miles an hour if they felt that that was

5 more appropriate.

6 Q. Okay. And Mr. Stam showed you on Exhibit 9 some

7 earlier editions of the change in clearance interval

8 published -- or change in clearance interval with a

9 document from the signals and geometric section of

10 North Carolina DOT, and some versions, for example,

11 the 5-01 version, indicates use a four-second yellow

12 change interval for protected left turns. Do you see

13 that?

14 A. I do.

15 Q. And then after the task force came out with its

16 recommendation that you just discussed, do you know

17 when that recommendation came out?

18 A. It was somewhere around the 2004, five time frame.

19 Q. If you take a look at the change in clearance interval

20 7-05 version from NCDOT signals and geometric session

21 on the notes, does the 7-05 document continue to say

22 that the minimum left turn yellow duration for

23 dedicated left turns should be at least four seconds?

24 A. No. I think that -- I don't see that in this -- on

25 this page, no.


1 Q. And would that be consistent then with the

2 recommendation from the North Carolina section of ITE?

3 A. Right. Right. That's -- and what I said before, what

4 I thought was generally the trend in the profession to

5 go away from the sort of, you know, more constant

6 value to applying the formula with the typical speed

7 of 20, so, yep, that's consistent with the task force.

8 Q. Okay. And is it -- are you familiar with prior to

9 2005 what the traffic signal engineering practice in

10 North Carolina was for using as a speed value when

11 determining -- when plugging in the equation and

12 determining the length of yellow turn intervals for

13 protected left turns?

14 A. I think most everybody used 20 miles an hour even back

15 then as well, and the prior pages had that note in

16 there that we've looked at before, but my recollection

17 is that that was the typical value prior to 2005.

18 Q. Okay. And is the -- is the 7-05 document that has the

19 yellow change interval equation and also indicates for

20 left turns without a separate phase -- excuse me.

21 Where it says for most left turns assume a speed of 20

22 miles to 30 miles an hour, is that -- does that meet

23 engineering practices in North Carolina for July of

24 2005 for traffic signal engineers?

25 A. Yes.


1 Q. Is that a standard practice for North Carolina?

2 A. Yes.

3 Q. Are you aware of other jurisdictions that use an

4 assumed speed lower than the speed limit for

5 calculating the length of yellow times for dedicated

6 left turns?

7 A. I think there's some that use 15 miles per hour,

8 actually.

9 Q. Now, do traffic signal engineers typically design for

10 trucks and buses with air brakes?

11 A. Well -- in an approach to a yellow signal?

12 Q. Yes.

13 A. No. They usually don't.

14 Q. Is that common practice in North Carolina among

15 traffic signal engineers?

16 A. Right. Right. It's common practice not to design --

17 I mean, like I said before, they're on our mind, we're

18 thinking about them. They're an important part of the

19 vehicle population, but they don't appear directly in

20 the equation. We have other ways that we believe that

21 they adjust successfully and manage not to go through

22 red signals.

23 Q. Is the braking distance for tractor-trailers or buses

24 calculated in your experience in the equation for

25 determining yellow change intervals that engineers who


1 are members of ITE use?

2 A. No.

3 Q. And is that practice good or is that practice the

4 standard of -- is that practice a standard practice

5 among North Carolina traffic signal engineers?

6 A. Yes.

7 Q. Now, earlier Mr. Stam asked you a question about if an

8 engineer calculates a yellow time that creates a

9 dilemma zone as Mr. Stam defined that, would that be a

10 good engineering practice, and I have a couple of

11 follow-up questions for you.

12 What again is your definition or what is

13 the definition that we saw in the materials today for

14 dilemma zone?

15 A. It is a place on the road within which a driver does

16 not have a good option for reacting to the start of a

17 yellow signal, cannot proceed through the intersection

18 at a constant speed without running the red light and

19 cannot get stopped before the stop bar at the

20 perception-reaction time and the deceleration rate

21 that we use.

22 Q. Okay. And for some drivers, even using good

23 engineering practices, some drivers just based on

24 their characteristics of driving could be caught in

25 the a dilemma zone, is that correct?


1 A. Some drivers based on their characteristics, sure,

2 yeah, they could be in a dilemma zone.

3 Q. If such a driver was in a dilemma zone, that does not

4 mean that the traffic signal design engineer had a bad

5 design?

6 A. No. No. Very well, very likely could be the result

7 of bad driving.

8 Q. As far as the -- if we take a look at the most current

9 yellow change interval calculation that is the last

10 page of Exhibit 9, change in clearance intervals,

11 signal design section of the Transportation Mobility

12 and Safety Division, NCDOT, that formula is what?

13 A. That formula in the upper left of that page is the --

14 what we've been calling the ITE standard formula first

15 term perception-reaction time and second term speed

16 and deceleration rate and a grade correction.

17 Q. And what is that -- can you explain -- and you did a

18 little bit, but can you explain what that formula is

19 designed to do?

20 A. Sure. Sure. That formula is designed to eliminate

21 the dilemma zone for drivers driving at the speeds and

22 making -- and the other characteristics that are

23 plugged into the formula so, in other words, a driver

24 driving at the speed in the formula with the

25 perception-reaction time in the formula with the


1 deceleration rate in the formula will be able to make

2 a decision to either stop before crossing the stop bar

3 or to be able to proceed through the intersection at

4 that constant speed without entering on a red signal.

5 The formula's designed to allow every driver operating

6 within the parameters here to be able to make a

7 correct decision.

8 Q. Okay. And does -- is there any math error in that

9 formula?

10 A. Error?

11 Q. Yes.

12 A. On that -- no.

13 Q. So, for example, if a traffic signal engineer was

14 determining a yellow change interval using the formula

15 in North Carolina on a roadway with a speed limit of

16 30 miles an hour, would that formula allow a driver --

17 or is that formula designed to allow a driver who at

18 the stopping distance of the constant deceleration

19 rate used by North Carolina engineers of 11.2 seconds

20 and using perception-reaction time of 1.5 seconds, is

21 the yellow change interval formula designed to allow

22 that driver at 30 miles an hour either enough time to

23 continue traveling at 30 and enter the intersection

24 before the light turns red or enough distance to stop

25 before entering the intersection?


1 A. Yes.

2 Q. Okay. So for North Carolina traffic signal engineers

3 designing -- or determining or designing yellow times

4 for left turns, is the purpose of using 20 miles an

5 hour to allow a driver who is traveling at 20 miles an

6 hour at the stopping distance either the appropriate

7 time if he continues to travel 20 to enter the

8 intersection or the proper distance if he decelerates

9 at the assumed deceleration speed of 11.2 seconds or

10 more to stop?

11 A. Exactly.

12 Q. Okay. And so for -- now, it's possible that a --

13 correct, that a driver who is turning left might be

14 going at a speed less than 20 miles an hour, let's say

15 17 miles an hour?

16 A. Most of them do, sure.

17 Q. Okay. That driver then would certainly have the

18 distance to stop before entering the intersection at

19 the designed stopping speed of the yellow change

20 interval if they use 20 miles an hour, correct?

21 A. That is correct. If they were at the calculated

22 stopping distance when the light turned yellow, they

23 would have enough distance to get stopped before the

24 stop bar.

25 Q. And for those drivers who drove faster than 20 miles


1 an hour, let's say 23 miles an hour, at the designed

2 stopping distance using 20, when that driver hits the

3 designed stopping distance and the light turns yellow,

4 that driver could proceed through the intersection

5 before the light turned red, correct?

6 A. Yes. Yes. Maintaining that speed, they would have

7 enough time to get through before the light turned

8 red.

9 Q. And if a driver who had some special car that was able

10 to maneuver a 90-degree left-hand turn going 45 miles

11 an hour, if such a vehicle and driver existed and that

12 driver was at the calculated stopping distance, based

13 on the yellow change interval formula used by North

14 Carolina traffic signal engineers, that driver, while

15 not having enough time -- excuse me, not having enough

16 distance to stop, could clearly continue through the

17 intersection before the lights turned red?

18 A. Yes.

19 Q. So is it your opinion based on a reasonable degree of

20 engineering certainty that the yellow change interval

21 used by North Carolina traffic signal engineers, the

22 formula shown on seven point -- excuse me, the formula

23 shown on the last page of Exhibit 9 does what traffic

24 signal engineers intend it to do?

25 A. Yes.


1 Q. And does that yellow change interval formula meet the

2 standards of practice for engineering -- traffic

3 signal engineering in North Carolina?

4 A. Yes.

5 Q. Now, you were asked a question earlier about -- I

6 think it's the last exhibit, Exhibit 12. Is 12 the

7 exhibit, do you know, Dr. Hummer, that talks about

8 that -- or maybe -- do you recall the exhibit,

9 Dr. Hummer, that talks about having increment changes

10 or implementing increment changes? That might be

11 Exhibit 9. But, in any event, do you recall

12 testifying about whether or not it was proper to make

13 an incremental change when changing the length of

14 either the yellow change interval or the red change

15 interval?

16 A. I remember that, yep.

17 Q. And is it your opinion that it would be a -- that it

18 would be a good -- strike that.

19 Do you have an opinion of whether or not

20 changing a yellow time interval one second either up

21 or down would require an incremental change in order

22 to meet good engineering practice?

23 A. Certainly doesn't require it, no, no. And I do see

24 here it's on -- is this on --

25 Q. Sure. It's on exhibit --


1 A. Fifth page of Exhibit 9.

2 Q. Okay. Yeah. So what -- go ahead, if you would read

3 again what it says on the fifth page of Exhibit 9.

4 A. Consider adding a note to the plan to direct field

5 forces to reduce the time incrementally. Let me read

6 the whole sentence. If approach is high speed and

7 existing times are significantly higher than the

8 calculated times, use the calculated values to

9 consider adding a note to the plan to direct field

10 forces to reduce the time incrementally.

11 Q. Significantly higher, is there an agreed-upon

12 engineering practice of what significantly higher

13 means in order to require incremental determination or

14 is that just engineering judgment?

15 A. That's going to be judgment. That's going to be based

16 on lots of local factors.

17 Q. If the evidence in this case was that the change in

18 the yellow times for any of the intersections in

19 question in this lawsuit was not done incrementally,

20 would that -- and it was as much as one second, would

21 that violate good engineering practice in your

22 opinion?

23 A. No. No. That -- I said before that needs to be a

24 judgment of the local engineers who know far better

25 and know the details of that intersection.


1 MR. STAM: I want to mark as Exhibit 13 an

2 NCDOT traffic signal plan with an engineering sign and

3 seal date of 10/26/09 for Walnut and Meeting Street.



6 1:26 p.m.

7 BY MS. MARTINEAU:

8 Q. It's Exhibit 13, and I will --

9 MS. MARTINEAU: I know, Skip, you don't

10 have a copy of this, but I will tell you that I --

11 there's some of my writing on there. It says -- I

12 wrote on there Walnut and Meeting, 10/2990, S Walnut,

13 L Meeting, August 1, 2010, and I did that based upon

14 the order just so I could identify the correct sheet.

15 MR. STAM: Okay.

16 BY MS. MARTINEAU:

17 Q. Dr. Hummer, do you see what I've marked as Exhibit 13?

18 A. Yes.

19 Q. Do you recognize Exhibit 13?

20 A. Sure. Yes. It is the signal plan for Walnut and

21 Meeting Street at the date you indicated.

22 Q. Okay. And have you -- have you looked at the yellow

23 time for going south on Walnut making a left on

24 Meeting Street?

25 A. Yes.


1 Q. Okay. Could you -- do you have -- could you take a

2 pen and just draw or, you know, follow -- so you could

3 identify what direction we're talking about.

4 A. Sure. I'm doing it now.

5 Q. Okay. And what phase is that?

6 A. That is -- hang on a minute. Let me make sure of

7 this. That is Phase 5.

8 Q. Okay. So do you see where in the upper left-hand

9 corner it says phasing diagram?

10 A. Yes.

11 Q. Can you circle -- or there is a circle. Is that

12 the -- there's already a circle on there. Is that the

13 correct phase that we're talking about?

14 A. Yes, that's it.

15 Q. Okay. And then from that can you determine what the

16 timing chart has for Phase 5 for yellow time?

17 A. Yes. The timing chart for Phase 5 yellow time says

18 3.2 seconds.

19 Q. Okay. Is three point -- okay. Can you look -- do you

20 know whether or not these plans were signed by a

21 professional North Carolina licensed engineer?

22 A. Yes, they appear to be signed by an NC PE.

23 Q. Do you know -- do you have an opinion -- well, you're

24 familiar, right, with the requirements of the Manual

25 of Uniform Traffic Control Devices, correct?


1 A. Yes.

2 Q. And does the yellow time for Phase 5 south on Walnut

3 going left on Meeting of a value of -- where is the

4 value?

5 A. 3.2.

6 Q. 3.2. Is that value in accordance with the Manual of

7 Uniform Traffic Control Devices?

8 A. Yes. It conforms with engineering practice, which is

9 to say it uses the ITE formula with appropriate values

10 and, therefore, meets MUTCD. It's also between three

11 seconds and six seconds.

12 MS. MARTINEAU: I'm going to be marking

13 Exhibit 14. This is the clearance time calculation,

14 Skip, for Walnut and Meeting for this plan.

15 MR. STAM: I don't think I have that but --

16 MS. MARTINEAU: It was part of Lisa Moon's

17 exhibits.

18 MR. STAM: For one of them, but, yeah. I

19 mean, I'll just get a copy.

20 MS. MARTINEAU: Okay. Sorry about that.

21 MR. STAM: No problem.



24 1:29 p.m.




2 A. Yes, I've seen that before.

3 Q. What is Exhibit 14?

4 A. It is the clearance time calculation for Walnut and

5 Meeting as of the time that we're talking about here.

6 Q. Are you familiar with the form?

7 A. Yeah. Yeah, seen it before.

8 Q. Okay. And is this form consistent with how North

9 Carolina engineers, you know, use computer calculation

10 forms to compute yellow and red times?

11 A. Yeah, yeah, it is that.

12 Q. Okay. And if you would circle on this the movement

13 we're concerned about, which again is south on Walnut

14 making a left onto Meeting Street.

15 A. Okay.

16 Q. Does that form indicate what the North Carolina

17 engineer used as far as the speed for the left turn

18 movement?

19 A. Yes. It shows a speed of 25 miles an hour.

20 Q. And is that speed using an assumed speed of 20 -- or

21 using a value speed of 25 miles an hour for a left

22 turn, does that meet the standard of care for North

23 Carolina traffic signal engineers?

24 A. Yes.

25 Q. And moving down, what is the grade?


1 A. They use zero percent.

2 Q. Okay. And, again, do they -- is it -- does it show on

3 Exhibit 14 what perception-reaction time they used?

4 A. Yes, it does. That's 1.5 seconds.

5 Q. Will you circle that. And is using 1.5 seconds the

6 standard of the industry in North Carolina for traffic

7 signal engineers?

8 A. Yes.

9 Q. Okay. How about deceleration rate? Does it use

10 deceleration rate?

11 A. Yes.

12 Q. What's the deceleration rate used?

13 A. 11.2 feet per second squared.

14 Q. Is that the correct deceleration -- excuse me. Does

15 that 11.2 -- is that the standard deceleration rate

16 used by traffic signal engineers in North Carolina

17 when determining yellow and red times?

18 A. Yes.

19 Q. And is -- what does the sheet show that was the result

20 of that formula?

21 A. It's shows the result to be yellow time of 3.2.

22 Q. Is that 3.2 seconds what is shown on Exhibit 13 for

23 the left turn yellow time in question?

24 A. Yes.

25 Q. Okay. So is it -- do you have an opinion whether or


1 not the engineer who determined the left turn yellow

2 time Phase 4 going south on Walnut, left onto Meeting

3 on Exhibit 13 met general engineering practices when

4 determining that time?

5 A. Yes, they did meet those practices.

6 Q. Okay.

7 MS. MARTINEAU: I'd like to next mark as

8 exhibit -- did I take your exhibits? I sure did.

9 Here they are. Okay. I stole the court reporter's

10 exhibits. Sorry about that. I'm going to mark here

11 as exhibit -- I'm marking as Exhibit 15 a signal plan.

12 It's a two-page document, and I don't know why it's a

13 two-page document, and it's dated -- the engineering

14 date is 6/7/06.



17 1:34 p.m.


19 Q. Dr. Hummer, are you familiar with this document?

20 A. Yes, I am.

21 Q. And, again, this document has some handwritten notes

22 on it. I'll purport these are my handwritten notes

23 just so I could identify what signal plan I wanted to

24 ask you about and what direction I wanted to ask you

25 about. What is Exhibit 15?


1 A. It is the signal plan for Maynard and Kildaire as of

2 June th of 2006.

3 Q. Have you reviewed this signal plan in particular with

4 the yellow time for westbound Maynard taking a left on

5 Kildaire Farm?

6 A. Yes.

7 Q. Can you take your pen and draw on Exhibit 15 what that

8 movement is.

9 A. There we go.

10 Q. And what phase is that movement?

11 A. That is Phase 7.

12 Q. Okay. Can you go ahead and circle on Exhibit 15 -- or

13 what exhibit is this? Yeah, 15. Go ahead and on the

14 timing chart if you could find the yellow time in

15 question, what is the duration of the yellow time

16 shown on 15?

17 A. That's 3.0 seconds.

18 Q. Is 3.0 seconds yellow time for Phase 7 on Exhibit 15

19 in accordance with the Manual of Uniform Traffic

20 Control Devices?

21 A. Yes.

22 Q. Is that your opinion -- professional opinion as a

23 North Carolina licensed traffic signal engineer?

24 A. Yes.

25 Q. I'm going to show you what I am marking as Exhibit 16.




3 1:35 p.m.

4 BY MS. MARTINEAU:

5 Q. Are you familiar, Dr. Hummer, with Exhibit 16?

6 A. Yes.

7 Q. And what's Exhibit 16?

8 A. That's the clearance time calculation sheet for

9 Kildaire Farm at Maynard Road again for the date that

10 corresponds to the signal plan that we just looked at.

11 MR. STAM: Excuse me. Can you hold one

12 second? I may have the wrong one in front of me, if

13 you'll just give me a second.


15 MR. STAM: Wasn't the last one -- let's

16 see. Fifteen. Are we at 15 now or 16?

17 MS. MARTINEAU: This is 16.

18 MR. STAM: And it's Kildaire Farm at what?

19 MS. MARTINEAU: It's Maynard and Kildaire.

20 MR. STAM: Southwest Maynard? I had that

21 as 15.

22 THE WITNESS: The signal -- I'm sorry.

23 MS. MARTINEAU: The signal plan is 15.

24 We're now looking at the clearance sheet.

25 MR. STAM: Okay. I don't have that


1 document, but I'll get a copy later.

2 BY MS. MARTINEAU:

3 Q. Take a look at Exhibit 16, which is the clearance time

4 calculations for the intersection in question, and can

5 you circle the yellow time that you just plotted on

6 Exhibit 15?

7 A. Sure. That's for the westbound left. The calculation

8 here is 3.0 seconds.

9 Q. Can you tell -- so on Exhibit 16, the engineer

10 calculating the yellow time, what did they -- what did

11 they use as the speed? Did they use the assumed --

12 what assumed speed did they use?

13 A. They used 20 miles an hour.

14 Q. Is using 20 miles an hour standard practice for North

15 Carolina engineers for calculating left -- dedicated

16 left turn yellow times?

17 A. Yes.

18 Q. And what did they have for grade?

19 A. Zero percent.

20 Q. And what did they have for perception-reaction time

21 and deceleration rate?

22 A. It was 1.5 seconds and 11.2 feet per second squared

23 respectively.

24 Q. We've already talked about that, and that was standard

25 practice for North Carolina traffic signal engineers,


1 correct?

2 A. Yes.

3 Q. And what does -- what was the calculation result?

4 A. They calculated a time of 3.0 seconds for yellow.

5 Q. Was the calculation of the yellow time as shown on

6 Exhibit 15 done using good engineering practices?

7 A. Yes.

8 MS. MARTINEAU: I'm going to mark as 17 the

9 traffic signal plan for Kildaire and Cary dated June

10 23rd, 2010.

11 MR. STAM: Hold on a second. Did you say

12 Kildaire and Cary Parkway?

13 MS. MARTINEAU: Kildaire Farm at Cary

14 Parkway.

15 MR. STAM: Because I don't have that one in

16 front of me. Okay. I got it. So this is 17?

17 MS. MARTINEAU: Right.

18 MR. STAM: All right. Got it.



21 1:39 p.m.


23 Q. Dr. Hummer, are you familiar with 17?

24 A. Yes.

25 Q. What is 17?


1 A. It is the signal plan for Kildaire Farm at Cary

2 Parkway dated June 23rd, 2010.

3 Q. Okay. And can you make a line on the movement west on

4 Cary taking a left onto Kildaire?

5 A. Sure. And that's that movement there.

6 Q. What phase is that?


8 Q. Can you circle that --

9 A. Sure.

10 Q. -- for us so we can identify it later.

11 And what is the yellow time shown for that

12 phase on Exhibit 17?

13 A. That's 3.0 seconds.

14 Q. And is 3.0 seconds in accordance with the Manual of


16 A. Yes, it is.

17 Q. And is that -- is your testimony there based on your

18 experience, education, and background as a traffic

19 signal engineer?

20 A. Yes.

21 MS. MARTINEAU: I'm going to now mark as

22 Exhibit 18 the clearance time calculation that

23 corresponds with that intersection.




1 1:48 p.m.

2 BY MS. MARTINEAU:


4 A. Yes.

5 Q. And what is Exhibit 18?

6 A. It is the clearance time calculation sheet for

7 Kildaire Farm at Cary Parkway from the date

8 corresponding to the signal plan.

9 Q. Okay. I'll represent that I have -- there's some

10 yellow marking on this document, but can you go ahead

11 and circle the phase or the movement that we're

12 talking about here?

13 A. Sure. That's westbound Cary Parkway, left turn.

14 Q. Okay. And what assumed speed was used in determining

15 the yellow time?

16 A. That was 20 miles an hour.

17 Q. And does using 20 miles an hour for assumed speed for

18 determining yellow time, is that acceptable North

19 Carolina traffic signal engineering practice?

20 A. Yes.

21 Q. What did they use for perception-reaction time and

22 deceleration time?

23 A. That was 1.5 seconds and 11.2 seconds feet per seconds

24 squared respective.

25 Q. We already talked about that, and what was -- using


1 that clearance time calculation, what is the

2 calculated yellow time?

3 A. It's 3.0 seconds.

4 Q. And that's what showed on the plan?

5 A. It is.

6 Q. And so do you have an opinion of whether or not the

7 calculations were done for Exhibit 17 west on Cary,

8 left on Kildaire using good engineering practices?

9 A. They were, yes.

10 Q. Okay. I'm going to mark as an exhibit to your

11 deposition -- actually we need to look at another

12 movement in this one. Can you look at north on

13 Kildaire, left on Cary?

14 A. Sure.

15 Q. Can you draw that one and maybe put an arrow and a B

16 so we know that's the second one.

17 A. (Witness complied).

18 Q. And what phase is that?


20 Q. Okay. So can you circle Phase 5 and put a line and a

21 B next to that so we know?

22 A. Sure.

23 Q. Okay. And what is the yellow time calculated for that

24 phase, Phase 5, that we've marked as B?

25 A. The chart shows yellow time of 3.0 seconds.


1 Q. And if you would then take a look at Exhibit 18 and

2 circle with a B the movement that you just documented

3 or just drew.

4 A. That's Kildaire Farm northbound, left turn.

5 Q. And what is the speed used in the calculation by the

6 engineer?

7 A. It's 20 miles an hour.

8 Q. And is using 20 miles an hour for a left -- for

9 determining a dedicated left -- the yellow time for a

10 dedicated left turn good traffic signal engineering

11 practices in North Carolina?

12 A. Yes.

13 Q. And they had -- they used 1.5 and 11.2 for

14 perception-reaction time and deceleration rate

15 respectively, correct?

16 A. Yes.

17 Q. We've already talked about that, and that is standard

18 practice in North Carolina, correct?

19 A. Yes.

20 Q. And I don't know if we talked about the grade, but

21 they used a zero percent grade for the B movement?

22 A. Yes.

23 Q. The first one they used a one percent grade?

24 A. Yes.

25 Q. Is it standard in North Carolina to use grade when


1 determining yellow times?

2 A. Yes. There is a grade correction in the yellow time

3 formula. That's correct.

4 Q. What was the calculation for the B movement that you

5 drew for this intersection?

6 A. 3.0 seconds of yellow.

7 Q. Do you have an opinion based on your education,

8 training, and background as a North Carolina traffic

9 signal engineer whether the engineer who calculated

10 the time used good engineering practices in making the

11 calculation?

12 A. They did, yes.

13 MS. MARTINEAU: I'm going to now mark as

14 Exhibit 19 -- there's two plans in Exhibit 19 so I'm

15 going to mark -- we'll do the earlier one first so

16 that is -- that's Lisa Moon's plan I'm going to mark

17 as Exhibit 19. Actually I'll mark both of them as

18 Exhibit 19, two plans. I'm going to mark the Lisa

19 Moon signed and sealed plan dated 10/5/06 followed by

20 the Robert Ziemba, Z-I-E-M-B-A, plan dated 2/17/2011.

21 MR. STAM: Can you do it 19A and 19B?

22 MS. MARTINEAU: Sure. I'm going to write

23 that right on here, 19A, 19B.




1 1:45 p.m.

2 BY MS. MARTINEAU:

3 Q. Okay. Dr. Hummer, if you would take a look at what

4 I've marked as 19A. Do you recognize 19A?

5 A. Yeah. That's the signal plan for Cary Parkway at High

6 House Road dated from 2006.

7 Q. And can you -- you've seen this before, correct?

8 A. Yes.

9 Q. Can you draw for me the movement going north on Cary

10 taking a left on High House?

11 A. Yes. It's already highlighted.

12 Q. Yeah, it's already highlighted in yellow, but go ahead

13 and do it again.

14 A. (Witness complied).

15 Q. Thanks. What phase is that?


17 Q. If you would go ahead and circle Phase 3.

18 A. Okay.

19 Q. What's the yellow time calculated for Phase 3?

20 A. 3.0 seconds.

21 Q. And is 3.0 seconds in accordance with the Manual of


23 A. Yes.

24 Q. If you would take a look at the next plan which is

25 19B, and that is the Robert Ziemba plan. Do you know


1 Robert Ziemba?

2 A. He's a good friend of mine, yep.

3 Q. Do you know him to be a North Carolina licensed

4 professional engineer?

5 A. One of the best, yep.

6 Q. Do you see his plan dated 2/17/2011?

7 A. Yes.

8 Q. What is it?

9 A. That is the signal plan for High House at Cary Parkway

10 from 2011.

11 Q. Okay. If you would then draw the movement north on

12 Cary, left on High House for me.

13 A. Sure.

14 Q. What phase is that?


16 Q. Could you circle Phase 3 on Exhibit 19B?

17 A. Sure.

18 Q. What is the calculated yellow time for Phase 3 on 19B?

19 A. It's 3.0 seconds.

20 Q. Was that done in accordance with the Manual of Uniform

21 Traffic Control Devices?

22 A. Right.

23 Q. Then if we could take a look at the corresponding

24 clearance time sheet. I'm going to mark that as

25 Exhibit 20.




3 1:48 p.m.

4 BY MS. MARTINEAU:

5 Q. Exhibit 20 is a two-page document. Do you recognize

6 Exhibit 20?

7 A. Yes. That's a clearance time calculation sheet for

8 Cary Parkway and High House Road from the time

9 corresponding to the 2006 signal plan.

10 Q. And what's the next page? Which one is that?

11 A. The next page on Exhibit 20 is the clearance time

12 calculation, Cary Parkway and High House Road from

13 2010 which corresponds to Exhibit 19B, Rob Ziemba

14 signal timing plan.

15 Q. Can you circle for me the movement that you just drew

16 on Exhibit 19A and B?

17 A. Sure. That's the northbound left turn.

18 Q. Okay. And based on -- and in the 2005 -- strike that.

19 The 2000 -- in Lisa Moon -- let me ask it -- the one

20 with Lisa Moon's name on it, what is the speed she

21 used in plugging in the left turn yellow time

22 calculation?

23 A. Twenty miles an hour.

24 Q. Again, you already testified that that is -- it's your

25 opinion that that is standard practice in North


1 Carolina?

2 A. Yes.

3 Q. All right. And what is -- what did she use for

4 perception-reaction time and deceleration?

5 A. 1.5 seconds perception-reaction time, 11.2 feet per

6 second deceleration rate.

7 Q. That's standard practice in North Carolina?

8 A. Yes.

9 Q. What was the value that she got for the yellow time?

10 A. Was 3.0 seconds.

11 Q. And do you have an opinion whether or not Lisa Moon

12 used good engineering practices when calculating the

13 yellow time for Exhibit 19A?

14 A. She did, yes.

15 Q. If you would take a look at the second page where it

16 has Ziemba's I think initials there, do you see that?

17 A. Yes.

18 Q. All right. And if you could circle the movement that

19 you documented on 19B.

20 A. Sure.

21 Q. That was north on Cary, left on High House?

22 A. Yep.

23 Q. What speed did he use for an assumed speed for

24 calculating the yellow time?

25 A. It was 20 miles an hour.


1 Q. And again do you have -- is that using 20 miles an

2 hour an accepted practice --

3 A. Yes.

4 Q. -- at that time for North Carolina traffic signal

5 engineers?

6 A. Yes.

7 Q. What was the value again he used for

8 perception-reaction time and deceleration rate?

9 A. He used eleven -- 1.5 seconds perception-reaction

10 time, 11.2 feet per second squared deceleration rate.

11 Q. What is the calculated yellow time that he came up

12 with?

13 A. He calculated 3.0 seconds as well.

14 Q. Do you have an opinion whether or not Mr. Ziemba used

15 good engineering practices when determining the length

16 of the yellow time for the movement shown on 19B?

17 A. He did, yes.

18 MS. MARTINEAU: Okay. Finally I want to

19 mark as an exhibit 21. Twenty-one is the 1991 signal

20 plan. It's a two-page document.



23 1:52 p.m.


25 Q. Dr. Hummer are you familiar with Exhibit 21?


1 A. Yes.

2 Q. Okay. What is Exhibit 21?

3 A. It's the signal plan for Western Boulevard at -- which

4 is the same thing as Cary Town Boulevard, at

5 Convention Drive.

6 Q. What's the date of this signal plan?

7 A. That is signed May 31st, 1991.

8 Q. Okay. Are you familiar with what traffic signal

9 engineers in North Carolina need to do in order to

10 determine what the speed limit is when they're going

11 to be designing a signal plan?

12 A. Yes.

13 Q. What's the typical -- what's your understanding of the

14 typical practice back in 1991?

15 A. To determine a speed limit?

16 Q. Yes.

17 A. Is to take a speed -- do a speed study, which is to

18 collect some data on the speeds at somewhere on the

19 stretch of road that we're interested in, analyze

20 those data, determine the 85th percentile, and

21 typically the speed limit is set somewhere around the

22 5th percentile. Of course, we have to round from the

23 actual numbers to the next nearest five or -- in North

24 Carolina next almost nearest ten with their speed

25 limit practices.


1 Q. Do you know what's required in order to change a speed

2 limit in terms of do you know how -- do you know

3 what's required in order to change a speed limit in

4 terms of state law, ordinance and/or posting?

5 A. Yes. To change -- to post or change a speed limit

6 requires a state law and a local ordinance to be

7 passed and then the engineering activities order a

8 sign, get the sign out there and get it posted.

9 Q. Do you know what the legal speed limit was on Cary

10 Town Boulevard, then known as Western Boulevard

11 Extension back in 1991?

12 A. It was 35 miles an hour.

13 Q. What was the -- what are the through yellow times for

14 traveling on Western Boulevard?

15 A. The through movements at Western Boulevard would be

16 Phases 2 and 6, so the second page of Exhibit 21 with

17 the timing chart for Phase 2 and 6 shows those yellow

18 intervals to be 4.0 seconds.

19 Q. Okay. And are those times in accordance with the

20 Manual of Uniform Traffic Control Devices?

21 A. Yes, they are.

22 Q. What are the yellow times for the through movements on

23 Convention Drive to Principal Lane as shown on

24 Exhibit 21?

25 A. The through movements on Convention Drive would be


1 Phase 3 and Phase 4. Phase 3 is the northbound. The

2 yellow time there is 5.0 seconds, and Phase 4 is the

3 southbound movement, and the yellow time there is 4.5

4 seconds.

5 Q. Okay. Are those yellow times in accordance with the

6 Manual of Uniform Traffic Control Devices?

7 A. Yes, they are.

8 Q. What is Phase 5 and Phase 1?

9 A. Phase 5 and Phase 1 are the left turn movements from

10 Cary Town onto Convention Drive.

11 Q. Okay. And what is the yellow time for -- calculated

12 for Phase 5?

13 A. That is 4.0 seconds.

14 Q. And Phase 1?

15 A. Is 4.5 seconds.

16 Q. Are those times in accordance with the Manual of


18 A. Yes.

19 Q. If you would take a look at what I'm marking as

20 Exhibit 22.



23 1:56 p.m.

24 BY MR. STAM:

25 Q. What is Exhibit 22?


1 A. It is the clearance time sheets, the calculations for

2 Western Boulevard at Convention Drive dated May 20th,

3 1991.

4 Q. Okay. And what are the -- okay. Do those show the

5 various phases?

6 A. They do, yes.

7 Q. Can you circle phase -- let's see. There's Phases 1

8 through 6. I guess we're missing some -- are we

9 missing some phases?

10 A. I think they're all there.

11 Q. And can you -- for the straight-through phases going

12 on what was then called Western Boulevard Extension,

13 by looking at the clearance time sheet, do you have an

14 opinion of whether or not the traffic signal engineer

15 used good engineering practices when determining the

16 length of the yellow times for the phases we just

17 discussed?

18 A. Yes, I do. That would be Phase 2 and Phase 6, the

19 through movements eastbound and westbound. This

20 clearance sheet from 1991 is not as clear as the other

21 ones, the later ones we looked at, but there's still

22 enough information to make a judgment here.

23 They do show that the grade is zero percent

24 in their calculations, and that's helpful. What they

25 don't show, the perception-reaction time or the


1 deceleration rate that went into the calculation, but

2 we can back calculate and get back to what we think

3 they used for those values, so what this sheet does

4 show is the minimum yellow time of 3.6 seconds for

5 Phase 2 and Phase 6. Minimum yellow is really the

6 same thing as the result of the ITE formula

7 calculation. If we use that formula with a

8 perception-reaction time of one second and a

9 deceleration rate of 10 feet per second squared, which

10 my understanding is those were more accepted values

11 back in 1991, then we do calculate a result of 3.6

12 seconds. One second perception-reaction time, 10

13 seconds deceleration time are fine to use.

14 They're well within the bounds of standard

15 practice. In this case, the sheet tells us that the

16 engineers recommended yellow time for both Phase 2 and

17 Phase 6 as 4.0 seconds, and that is well within the

18 standard, so my conclusion here is they met the

19 standard for acceptable engineering practice.

20 Q. What about the other phases that we looked at, three,

21 four, and five?

22 A. Yes. That they did as well, sort of doing it that

23 same -- that same thought process. It's different at

24 this intersection from the other ones that we looked

25 at in the sense that this was before the task force


1 and before. Before we were using the -- really the

2 same procedure that we came to use later in the 2000s,

3 but still those values are within the standard

4 engineering practice for their time.

5 Q. Okay. And would that also be true with -- did we look

6 at Phase 1? I know this intersection, it didn't

7 indicate on the order what phase we needed to look at.

8 What's Phase 1?

9 A. Phase 1 is the left turn -- westbound left turn that

10 would be turning from Cary Town Boulevard onto

11 Convention Drive going south.

12 Q. Okay. And is -- when you look at Exhibit 22, can you

13 tell by Exhibit 22 or do you have an opinion looking

14 at 22 whether or not the engineer used good

15 engineering practices in determining the yellow time

16 for that phase?

17 A. Yes, they did.

18 Q. Okay. And then finally if you would take a look at

19 what's already been marked as -- by

20 Plaintiff as the last exhibit, exhibit --

21 A. Their last exhibit was Exhibit 12.

22 Q. Yeah, Exhibit 12. In reviewing Exhibit 12, does

23 Exhibit 12 -- it's entitled North Carolina Department

24 of Transportation, Division of Highways, Traffic

25 Engineering and Safety Systems Branch, standard


1 practice for compliance with traffic signal and

2 electrical dash programming detail plans. Do you see

3 that?

4 A. Yes, I do.

5 Q. At the bottom of that first page, does it outline what

6 NCDOT's practice is regarding when a signal plan

7 should be updated?

8 A. Yes, it does.

9 Q. What is the NCDOT -- according to this document, what

10 is NCDOT's standard practice for updating signal

11 plans?

12 A. In that paragraph -- and if I may just read it so I

13 don't misstate --

14 Q. Sure.

15 A. Starting with the second sentence, therefore, prior to

16 beginning traffic signal or roadway construction, the

17 division traffic engineer should check the seal date

18 of the traffic signal and electrical programming

19 detail plans. If the plans are more than two years

20 old or if traffic patterns have changed, the division

21 traffic engineer should request the ITS and signals

22 unit review the plans for compliance with current

23 practices.

24 Q. And, Dr. Hummer, do you have any idea why

25 Mr. Ceccarelli was in the roadway at the time the


1 light in his direction of travel turned yellow?

2 A. I have no idea.

3 Q. Okay. And so you don't know whether or not

4 Mr. Ceccarelli could have stopped at the deceleration

5 rate of 11.2 feet per second using a reaction time of

6 1.5 seconds prior to entering the intersection or not

7 at the time he first turned -- at the time he first

8 observed the light turn yellow?

9 A. I don't know that.

10 Q. All right. Thank you, sir. Those are the questions I

11 have for you.

12 MR. STAM: Just a very few.

13 RE-EXAMINATION

14 BY MR. STAM:

15 Q. Looking at that last exhibit, Dr. Hummer, you're

16 assuming a 35 mile per hour speed limit?

17 A. I'm sorry. The last --

18 Q. Exhibit 21 and 22.

19 A. I'm sorry. I still have Exhibit 12 here. Hang on a

20 second. Okay.

21 Q. Were all the answers to the questions you gave to

22 Ms. Martineau assuming a speed limit of 35 miles an

23 hour on Western Boulevard headed east through that

24 intersection?

25 A. Yes.


1 Q. When did you live in Cary?

2 A. From 1992 to 2007.

3 Q. And where did you live from 2007 till you moved to

4 Michigan?

5 A. In downtown Raleigh.

6 Q. Have you traveled that section of road many times?

7 A. Sure.

8 Q. I'll call it Cary Town Boulevard?

9 A. Sure.

10 Q. Do you know what the speed limit was in 2009 on that

11 section?

12 A. I don't remember that, no.

13 Q. Okay. You're familiar with the -- strike that.

14 Are you familiar with AASHTO?

15 A. Yes.

16 Q. What is AASHTO?

17 A. That's the American Association of State Highway and

18 Transportation Officials. It's basically the group of

19 the 50 state DOTs.

20 Q. Are you familiar with their 2004 volume of policy of

21 geometric design of highways and streets?

22 A. Yes. I tried to refer to it earlier in my deposition,

23 yes.

24 Q. Let me quote a sentence from Page 110.

25 MS. MARTINEAU: Hold on a second. He's


1 going to grab it.

2 THE WITNESS: Okay. I've got it.

3 BY MR. STAM:

4 Q. I think it's Page 110 through Page 111. You see the

5 sentence a brake reaction time of 2.5 seconds?

6 A. Oh, yeah. It's kind of in the middle of Page 111.

7 There's a sentence that starts a brake reaction time

8 of 2.5 seconds.

9 Q. Would you read that sentence?

10 A. Sure. A brake reaction time of 2.5 seconds is

11 considered adequate for conditions that are more

12 complex than the simple conditions used in laboratory

13 and road tests but is not adequate for most complex

14 conditions encountered in actual driving.

15 Q. That refers to brake reaction time. Is that the

16 same -- they're using it -- brake reaction time, is

17 that the same -- what you were referring to previously

18 in your deposition as perception-reaction time?

19 A. It's the same term, but it's in a different context.

20 What they're talking about here on page -- in that

21 sentence in particular is reacting to an unexpected

22 stimulus, which is usually somebody coming over a

23 hill, around a curve and encountering a stopped

24 vehicle ahead, maybe an animal in the road, maybe a

25 pedestrian walking across the road.


1 That's different from the yellow time case

2 that we're talking about for most of today where the

3 stimulus is expected, that is the driver has

4 undoubtedly looked up and noticed that there's a

5 signal ahead and probably noticed that the green has

6 been on for a while. So the term is named the same,

7 but the context is different, this sentence, from what

8 we've been talking about.

9 Q. Early on in your deposition you talked about yellow

10 change -- yellow lights must command respect.

11 A. Yes.

12 Q. Okay. What is the origin of that assumption?

13 A. Oh, I don't know. That goes back through the MUTCD

14 for as many editions as I can remember. I think I

15 studied the 1978 edition in my school days and I think

16 it was in there then, and it probably goes back many

17 editions before then. It's the drivers need to take

18 our traffic control devices seriously if the road

19 system is going to function.

20 Q. Is there a problem if drivers run a yellow light?

21 A. In what sense run a yellow light? I don't understand.

22 Q. Is there a safety problem if a driver enters the

23 intersection when the light is yellow?

24 A. There should not be. We -- I don't like to think in

25 terms of that there's safety problem or not safety


1 problem. It's a continuum. There's situations that

2 are more safe and less safe. It's probably more safe

3 to pass the stop bar on green than yellow, but

4 entering the intersection, which is to say passing the

5 step bar on yellow, is not drastically unsafe. Let's

6 put it that way.

7 Q. Go to your Exhibit 13.

8 A. Are we done with AASHTO?

9 Q. Yes.

10 A. Okay. Exhibit 13. Got it.

11 Q. Looking at Phase 5, which is I understand the left

12 turn into Meeting Place, is the yellow change interval

13 3.2 and red clearance 3.3?

14 A. That is correct, yes.

15 Q. So adding up -- they come consequentially, so adding

16 them together is 6.5 seconds when conflicting traffic

17 would be protected I guess. Is that right? 6.5

18 seconds combined between the yellow change and the

19 red -- all-red clearance.

20 A. Well, yeah, sure, and that's -- and the same thing as

21 to green. It's -- the green arrow for that movement

22 as well is conflicting traffic which is westbound

23 through, north and southbound through, north and

24 southbound left. Those movements all have to stay

25 stopped during that time. That's correct.


1 Q. Purely for safety considerations, would it be any

2 different if the yellow change interval was, say, 4.2

3 and the red clearance was 2.3 adding up to 6.5

4 seconds?

5 A. It probably would make a difference in long run

6 average of number of collisions and probably for the

7 worse since these are the standard practice sort of as

8 we've been talking about uniformity and all that and

9 such, so probably makes a difference and probably

10 makes things worse.

11 Q. Well, suppose that it was not just at this

12 intersection but for every intersection in Cary in

13 North Carolina if they added a second to the yellow

14 change and decreased a second for the all-red

15 interval.

16 A. Well, the all-red interval is extremely important in

17 its own regard, and we haven't talked about it here

18 today, and my understanding was that it wasn't a big

19 part of this case, but we just can't go around taking

20 seconds away from all-red intervals and expect there

21 not to be an effect from that, either, so, you know,

22 we could delve into the why 3.3 seconds of all-red at

23 the end of that phase, but my suspicion is there's

24 very good reasons for that and harm to be done if we

25 are taking away time from that part of the phase.


1 MR. STAM: I think I'm finished if you'll

2 just give me 30 seconds to look over my notes.


4 MR. STAM: I'm sorry. I do have one more

5 question, and I have a big lawn mower outside my

6 window.

7 MS. MARTINEAU: We can hear you fine.

8 BY MR. STAM:

9 Q. Thinking about Lori Millette's intersection at

10 northbound on Kildaire turning left on Cary Parkway,

11 what is the designed speed associated with a 3.0

12 second yellow change interval?

13 MS. MARTINEAU: I'm going to object to the

14 form of the question, but go ahead. Which one is it

15 again?

16 MR. STAM: Let me give you two things to

17 look at. One is Lori Millette's intersection.

18 MS. MARTINEAU: Which is what?

19 MR. STAM: The second one is Exhibit 6.

20 MS. MARTINEAU: What's Lori Millette's

21 intersection?

22 MR. STAM: Which is north on Kildaire, left

23 on Cary Parkway, and if you would take out Exhibit 6.

24 THE WITNESS: Okay.

25 BY MR. STAM:


1 Q. What is the designed speed associated with the 3.0

2 second yellow change interval?


4 the question, but go ahead and answer.

5 THE WITNESS: Yeah. I think that --

6 BY MR. STAM:

7 Q. Directing your attention particularly to Equation 8.

8 A. The designed speed is the speed we use to put together

9 things like turn radius and curb radius and vertical

10 alignments and such so it's sometimes used in this

11 context defining yellow. In the case of standard

12 practice in North Carolina, they tend to use the speed

13 limit rather than the designed speed.

14 Q. Let me use a different term that we've already used

15 today. What is the approach speed associated with a

16 3.0 second yellow change interval?

17 MS. MARTINEAU: For the left-hand turn of

18 Ms. Millette's intersection?

19 MR. STAM: Yes.

20 THE WITNESS: I believe that is 20 miles an

21 hour.

22 BY MR. STAM:

23 Q. Is Equation 8 the way you could work the equation

24 backwards according to the ITE interval formula?

25 A. It appears to be solving it backwards, yes.


1 Q. And you don't have a calculator there, but I'm going

2 to represent to you if you work that backwards, it

3 would be 22.9 miles an hour, so the question that I

4 have, if that's correct, if Lori Millette was going 23

5 miles an hour approaching that intersection, did she

6 have enough stopping distance or enough time to

7 proceed through the intersection reasonably and

8 safely?


10 the question because we don't -- you didn't tell us

11 where she was when she saw the yellow light. How far

12 away was she from the stop line or where was she in

13 relation to her stopping distance?

14 MR. STAM: Well, that's the question by

15 opposing counsel is where was she and I would say

16 that's the problem with the entire approach of the

17 city on this, but wherever Dr. Hummer would want to

18 posit that she was. We know she was going 23 miles

19 per hour when the camera clicked her. That's what we

20 know. That's right at the stop bar I guess.

21 THE WITNESS: Yeah.

22 BY MR. STAM:

23 Q. Is it possible that she got caught in the dilemma

24 zone?

25 A. It's possible that she was driving too fast in the


1 wrong place and made the wrong decision. Typically a

2 driver's driving faster than we assume and in many

3 places on that approach can get through the signal

4 holding their speed, not having to speed up but just

5 holding their speed and get past the stop bar before

6 the light turns red.

7 Q. Since we don't know whether she was decelerating to 23

8 or accelerating to 23, could she proceed at 23 miles

9 an hour safely and legally through the intersection?

10 A. I have no idea. That totally depends on where she was

11 when the yellow came up.

12 Q. I have no further questions.

13 MS. MARTINEAU: Okay. Thank you.

14 MR. STAM: Thank you very much.

15 MS. MARTINEAU: I'll make sure you get a

16 copy of the exhibits.

17 MR. STAM: Thank you. And tell the court

18 reporter he or she is very patient, and, Dr. Hummer, I

19 learned a lot.

20 COURT REPORTER: Would you like to order

21 the transcript?

22 MR. STAM: Yes. I want it e-mailed and I'm

23 not sure I know the different terminologies, but --

24 MS. MARTINEAU: Do you like the E-Trans?

25 Do you have E-Trans or PDF?


1 COURT REPORTER: Yes.

2 MR. STAM: Yeah, and a compressed

3 transcript, four to a page.

4 MS. MARTINEAU: I'd just like the E-Trans

5 with exhibits.

6 (Deposition concluded at 2:19 p.m.

7 Signature of the witness was requested.

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25





4 Plaintiffs,

5 vs. Case No. 10-CVS-019930

6

7 TOWN OF CARY,

8 Defendant.

9 ________________________________/

10

11

12

13 VERIFICATION OF DEPONENT

14

15 I, having read the foregoing examination

16 under oath consisting of my testimony at the

17 aforementioned time and place, subject to the changes

18 in the attached errata sheet, do hereby attest to the

19 correctness and truthfulness of the transcript.

20

21

22

23 _____________________________

24 Joseph E. Hummer, Ph.D., P.E.

25 Dated:


1 ERRATA SHEET

2 PAGE LINE READS PAGE LINE SHOULD READ

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25


1 CERTIFICATE OF NOTARY

2 STATE OF MICHIGAN )

3 ) SS

4 COUNTY OF WAYNE )

5

6 I, HELEN F. BENHART, certify that this

7 deposition was taken before me on the date

8 hereinbefore set forth; that the foregoing questions

9 and answers were recorded by me stenographically and

10 reduced to computer transcription; that this is a

11 true, full and correct transcript of my stenographic

12 notes so taken; and that I am not related to, nor of

13 counsel to, either party nor interested in the event

14 of this cause.

15

16

17

18

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20

21

22 HELEN F. BENHART, CSR-2614

23 Notary Public,

24 Wayne County, Michigan.

25 My Commission expires: 7/7/14


&

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18 4:10 46:16,17,2448:13,20 49:3,25139:22,25 140:3,5142:1

19 4:11 143:14,14143:17,18,25

1959 29:23 30:151:3 84:10

1978 159:151991 148:19 149:7

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1992 38:7 157:21994 10:10,14 12:2

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2011 145:102012 1:20 5:2

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badly 102:21ballpark 45:19bankrupting 16:23bar 9:4,16 14:25

15:1 19:16 23:1625:19 26:12 28:1629:17 30:8,9 36:1940:9,11,13 56:458:7,23 75:9,990:14,15 122:19124:2 125:24 160:3160:5 164:20 165:5

based 36:4 85:2297:14 122:23 123:1126:12,19 128:15129:13 139:17143:7 146:18

bases 20:20basic 68:8 74:16basically 44:4 68:11

72:20 112:2 157:18basing 76:21bay 89:18,23 91:5beginning 43:21,22

43:25 155:16begins 85:4 86:14behalf 2:8,16 110:4behave 25:13behavior 52:11 96:5

96:16believe 6:16 8:11

9:25 44:16 50:2251:2,10 64:5,671:22 121:20163:20

benefit 39:1benhart 1:21 169:6

169:22best 28:3 59:19 77:1

87:7,15 108:6

116:13 145:5better 18:9 25:10

79:9 81:24 106:5108:11 112:7,7128:24

beverly 10:12big 39:8 95:18

161:18 162:5billions 14:20bit 37:10 43:22

54:10 61:17 62:166:8 82:7 84:13103:2 112:5 118:12123:18

bits 43:24blocked 79:11,12book 18:11bottom 16:3 18:3

71:11,12,12 73:1781:21 106:21 155:5

boulevard 96:21100:13 149:3,4150:10,10,14,15152:2,12 154:10156:23 157:8

bounded 45:1bounds 153:14brake 28:1 77:6

78:4 104:12 158:5,7158:10,15,16

brakes 26:16 40:1278:3 121:10

braking 104:13121:23

branch 154:25brand 17:14,14break 57:13,16 60:6

102:25 109:19brian 1:5 5:12 167:1bring 56:12 96:17bringing 9:12budget 17:3budgets 33:23building 1:17

[approximately - building] Page 4


bullet 12:18 13:430:17,18,19 34:1435:11 51:12,23

bus 77:13 78:1379:9,19,21

buses 77:7,15,16,1777:17 78:1,20121:10,23

business 5:18,1917:1 25:12 26:1737:6 113:20

buttons 91:20

c

calculate 43:2 47:254:10 70:4 153:2,11

calculated 121:24125:21 126:12128:8,8 138:4 141:2141:23 143:9144:19 145:18148:11,13 151:11

calculates 122:8calculating 71:17

121:5 137:10,15147:12,24

calculation 26:1454:13 64:8 85:5115:21 123:9131:13 132:4,9136:8 137:7 138:3,5139:22 140:6 141:1142:5 143:4,11146:7,12,22 153:1,7

calculations 22:1889:5 116:24,24137:4 141:7 152:1152:24

calculator 48:23164:1

call 18:12 30:1887:20 157:8

called 5:6 18:1139:15 43:2,7,2245:15 58:9 74:2

101:5 111:21152:12

calling 85:23 123:14camera 94:25

164:19cameras 100:19

115:9capabilities 30:11capable 97:20capacity 43:1,3,5,15

44:7,10,20,22 45:548:8,18 50:4,10,1150:15,19

car 41:21 126:9carbon 44:11care 21:24 31:8 41:7

41:16 52:8 132:22career 95:18carolina 1:1 2:6,14

16:22 20:1 23:1431:7,21 35:13 51:2163:14,14 83:17 85:685:15,20 88:21111:3,4,6,7,8114:14,18 116:2,23117:18 118:7,13,17119:10 120:2,10,23121:1,14 122:5124:15,19 125:2126:14,21 127:3130:21 132:9,16,23133:6,16 135:23137:15,25 140:19142:11,18,25 143:8145:3 147:1,7 148:4149:9,24 154:23161:13 163:12

cars 26:16,18 45:1247:20

cary 1:10 37:19 38:244:2 45:10 78:1191:15,20 93:1,12,2394:25 96:3,21,24,2598:13 99:6 100:12103:7 107:12,18

108:18 110:5 138:9138:12,13 139:1,4140:7,13 141:7,13144:5,9 145:9,12146:8,12 147:21149:4 150:9 151:10154:10 157:1,8161:12 162:10,23167:7

case 12:6 14:8 19:1426:21 27:1,15 59:462:7 80:23 81:14,1591:10 93:13 95:2395:24 98:1 99:9100:12 101:10110:6 128:17153:15 159:1161:19 163:11167:5

cases 89:17,17100:21

caught 34:12 35:535:10 122:24164:23

cause 31:16 32:241:8 169:14

causes 97:22caution 24:13,13

41:7,16cautious 24:20 25:3

25:6 26:20ceccarelli 1:5 5:12

5:14 10:19 72:891:19 93:22 98:999:21 155:25 156:4167:1

ceccarelli's 99:9center 56:10,19 62:3

62:6central 42:13,23certain 8:25 10:9

19:15 69:4,5 96:24certainly 14:7 17:4

25:5,11 52:14 81:781:24 83:23 85:21

108:7,10 125:17127:23

certainty 126:20certificate 169:1certification 78:22certify 169:6cetera 44:23chaired 10:12chance 11:11 27:8

30:7,8 75:12 77:877:13,20,23,2479:10 82:1 84:23114:3

change 6:3 10:1112:1,11,21 13:1418:7 26:9,10,2429:2 30:22 38:14,1638:20,20,21,24,2539:2 42:7 46:1947:3,7 48:10,16,1950:14 53:11,2155:10,11,21 58:1068:7,9,21 71:2574:18,21,25 77:578:15,17 80:2 82:1083:11 85:5 87:1894:23 95:2,4,5,9,2195:25 97:1,2,7,1698:9,12,16,25 99:799:10 100:12,14,15101:19 102:18,20102:21,23,24103:12 105:6,12,23107:19,20 108:7109:4,6 112:22,25113:3,6,16 114:10115:22 118:24119:7,8,12,19120:19 121:25123:9,10 124:14,21125:19 126:13,20127:1,13,14,14,21128:17 150:1,3,5,5159:10 160:12,18161:2,14 162:12

[bullet - change] Page 5


163:2,16changed 92:9,10,11

94:11,22 95:18 96:596:16 97:14,2498:19 155:20

changes 38:24 48:972:23 83:21 95:16100:22 101:9 108:9108:20 127:9,10167:17

changing 49:22,2250:6 53:20 88:1127:13,20

chapter 70:12,18,2070:21

characteristics 95:3122:24 123:1,22

characterization33:8

characterize 32:15charlotte 2:14

110:19chart 83:8 130:16

130:17 135:14141:25 150:17

check 92:24 155:17choice 17:20 28:20

75:14,16,23 76:1591:5

choose 17:6,2434:25 81:11

chooses 27:20circle 130:11,11,12

132:12 133:5135:12 137:5 139:8140:11 141:20142:2 144:17145:16 146:15147:18 152:7

circular 54:10circumstances 28:8

119:2citation 93:23 98:10

98:11

citations 91:2493:14,18 103:6108:17

cited 37:15city 164:17civil 5:20 6:11

110:11,13,18clarify 16:10class 1:7 96:7 98:21

114:25 167:3classic 29:23clear 15:5,25 16:2

16:18,20 17:1521:23 24:18,23 26:630:24 31:5 33:1334:3,6,6,7 39:1241:4,12 55:17 74:1974:23 80:23 81:1790:9,10 152:20

clearance 10:1212:2 58:10 68:2270:4 71:17,25 83:1185:5 101:19 119:7,8119:19 123:10131:13 132:4 136:8136:24 137:3139:22 140:6 141:1145:24 146:7,11152:1,13,20 160:13160:19 161:3

clearer 42:11clearing 31:9clearly 126:16click 85:25 86:3,4

118:21clicked 164:19client 72:8close 79:3 116:18closely 85:22closer 19:17 24:16

76:15clues 39:6code 11:3collect 54:13 88:7

90:4 149:18

college 2:12collision 112:10collisions 8:22 44:14

94:14 161:6column 12:15,18

18:3,4 30:16 34:1435:12 51:12,2368:13 69:20 102:13106:22

combination 32:6combined 160:18come 8:16 11:6,10

18:14,23 24:2,5,728:22 31:14 58:985:20 87:21 88:17116:12 160:15

comes 19:18 91:18106:17

comfortable 16:1789:1,22

comfortably 30:24coming 8:12 20:7

27:23 34:8 77:1897:24 158:22

command 113:17,19159:10

commencing 1:19comment 72:9,14,20

86:12,19comments 86:25commission 169:25committee 16:6 86:6committee's 89:25committees 87:4common 60:22

61:12 121:14,16community 117:25complete 94:19complex 90:2 91:1

158:12,13compliance 155:1

155:22complied 141:17

144:14

compose 80:19compounds 44:7compressed 166:2compute 53:12

132:10computer 91:21

132:9 169:10concentrate 70:2concern 113:21concerned 47:14

132:13concert 49:21conclude 107:4,16concluded 166:6conclusion 94:9,17

153:18condition 24:5 26:1

36:2conditions 9:17

17:11,12,12,13,2318:22 27:22 35:1835:18 158:11,12,14

conduct 70:20115:16

confess 69:25configuration 60:14confirm 60:13conflicting 30:25

31:7 160:16,22conforms 131:8congestion 94:15conscious 78:19,23consequentially

160:15consider 77:6 81:10

101:24 128:4,9consideration 71:18considerations

161:1considered 158:11consistent 120:1,7

132:8consisting 167:16constant 25:21 65:9

69:15 75:10 81:8,11

[change - constant] Page 6


84:5,22 89:19 120:5122:18 124:4,18

constantly 9:24constants 72:24construction 155:16consult 63:11

109:13consultant 59:17contention 98:5contents 3:1context 158:19

159:7 163:11contexts 83:15continue 10:24

43:23 104:3 119:21124:23 126:16

continues 116:11125:7

continuum 160:1contradictory 107:4contrary 82:12control 18:12 74:8

74:15 111:11,14,17112:21 113:14130:25 131:7135:20 139:15144:22 145:21150:20 151:6,17159:18

controversy 117:24convention 96:21

100:13 149:5150:23,25 151:10152:2 154:11

convey 113:24conveys 74:18copy 110:6 129:10

131:19 137:1165:16

corner 25:7 130:9correct 6:8 14:13

16:14 20:12 26:333:25 60:8 66:2567:2 68:23 71:2173:5,11,20,24 89:13

95:2 103:15 118:14122:25 124:7125:13,20,21 126:5129:14 130:13,25133:14 138:1142:15,18 143:3144:7 160:14,25164:4 169:11

corrected 72:2 97:597:6 98:22

correction 13:2297:5 123:16 143:2

correctly 23:12 24:757:3 60:1

correctness 167:19corresponding

85:25 140:8 145:23146:9

corresponds 136:10139:23 146:13

cost 38:25counsel 164:15

169:13count 37:1,5counter 75:20counting 59:9countries 43:4county 1:2 169:4,24couple 78:19 91:20

101:20 109:19122:10

course 6:13 19:1420:15 25:3 26:1932:6 33:7 44:864:20 66:17,2578:17 84:9 87:24110:12,14 112:18149:22

courses 6:16,20,21114:24

court 1:1,2 5:1515:16 134:9 165:17165:20 166:1

covers 79:17

crashes 20:12,1842:22

create 32:4,6,737:13 51:2,10,2155:21

creates 50:22 122:8criteria 80:5critical 14:12 22:19

24:15 52:23 53:1253:21 64:1 65:1873:17,21 90:15,19

cross 9:4 23:1626:12 60:17

crossing 30:7 124:2crossroads 56:9cruise 40:15 89:18

89:23csr 1:21 169:22cue 41:10 44:14

56:22 57:20 60:2161:11

cued 89:20cues 44:12,15 94:14cuing 63:4culpable 109:4curb 163:9curbed 62:23current 6:1 21:5

33:22,22 51:20 59:659:6 65:14,21 76:8101:22 110:7 123:8155:22

currently 114:3117:17,18

curriculum 5:22curve 50:13 79:12

158:23custom 108:7customize 77:25

78:2 84:24cut 44:15,20 94:25cutting 44:18cv 110:7cvs 1:3 167:5

cycle 19:16 48:4cycles 44:8

d

d 76:4 113:17 114:4danchi 2:4darn 112:7dash 62:12 155:2dashed 62:10data 36:1 54:13

87:23 90:4,8,993:14,16,21 96:2397:24 98:2 112:8118:3 149:18,20

date 102:8 129:3,21134:14 136:9 140:7149:6 155:17 169:7

dated 10:14 12:2134:13 138:9 139:2143:19,20 144:6145:6 152:2 167:25

day 17:15 21:2324:18 33:13 67:1592:14

days 6:17 86:8159:15

deal 96:9dealing 82:21death 96:4decade 84:7 95:15decelerate 21:10

22:5,25 23:25 24:1027:20 31:20 32:2132:25 33:4,16 34:1056:2 77:14

decelerates 29:135:7,9 125:8

decelerating 19:1124:3 66:19 67:1,3,8165:7

deceleration 13:2016:18 17:18 20:2121:6 28:14 40:1563:4,25 75:6 77:977:11,12 81:1 89:22

[constant - deceleration] Page 7


91:4 104:17 116:10122:20 123:16124:1,18 125:9133:9,10,12,14,15137:21 140:22142:14 147:4,6148:8,10 153:1,9,13156:4

decelerations 55:14december 92:9

94:24 95:14 96:3100:18

decide 9:5 38:1567:5 82:9,13

decides 10:3 24:1951:20

decision 9:3,7,10,2214:5,11 18:1 19:2222:9 28:3,6,16,1833:19,23,25 34:2235:20 51:18 52:555:20 56:3 67:275:8,13 79:22104:20 105:9 124:2124:7 165:1

decisions 20:2033:20 39:7 52:2082:4

decrease 104:11decreased 161:14decreases 99:11dedicated 118:25

119:23 121:5137:15 142:9,10

default 87:17defendant 1:11 2:16

167:8defer 81:24 108:5define 16:3defined 16:4 122:9defining 163:11definition 6:24 7:5

7:10,13 8:2 12:2113:1,4,5 31:5122:12,13

definitions 81:24degree 6:17 21:24

24:19 37:25 126:10126:19

degrees 106:12110:11

delay 50:12delve 161:22denos 29:22 50:23

51:3department 5:19

11:8 41:19 154:23dependent 93:1depending 35:17

40:21depends 90:20

165:10deponent 167:13deposition 1:15 3:18

3:19,20,21,22,23,243:25 4:1,2,3,4,5,6,74:8,9,10,11,12,13,145:25 10:17 11:18,2523:20 30:13 55:467:23 68:2 73:787:13 110:7 129:5131:23 134:16136:2 138:20139:25 141:11143:25 146:2148:22 151:22157:22 158:18159:9 166:6 169:7

depositions 10:20derived 14:18describe 29:19described 25:5

30:19 31:4 34:1335:10 50:23 51:3,1151:15,22 53:1755:20

describes 34:13describing 66:14design 14:20 16:24

20:10,17,17 26:25

35:13 39:13,14,1541:3 52:9 58:1191:11 96:10,18110:9,21,24 121:9121:16 123:4,5,11157:21

designated 58:15110:4

designed 25:1939:16 41:22 62:21123:19,20 124:5,17124:21 125:19126:1,3 162:11163:1,8,13

designing 17:1 36:840:10 42:2 125:3,3149:11

designs 82:4detail 38:12 68:7

155:2,19details 128:25determination 58:9

83:11 87:15 101:19107:19 128:13

determine 57:14115:21 118:24130:15 149:10,15149:20

determined 57:1780:8 88:18 113:1134:1

determining 10:1112:1 18:7 68:8112:21 113:2 116:5118:9,18 120:11,12121:25 124:14125:3 133:17 134:4140:14,18 142:9143:1 148:15152:15 154:15

detract 47:22detroit 1:18 5:1,21developed 84:4,9device 74:15

devices 18:12 74:8111:11,14,17112:21 113:14130:25 131:7135:20 139:15144:22 145:21150:20 151:6,17159:18

diagram 130:9dictionary 6:24 7:1

7:10,12difference 26:4

31:10 81:19,2288:23 111:24 161:5161:9

different 6:4 7:39:24 25:16 31:332:1 34:4 36:1341:9 44:24 51:860:16 63:15 69:1181:12,12 87:3,889:12 90:3 153:23158:19 159:1,7161:2 163:14165:23

differently 38:18difficult 7:15 38:21

54:15 58:20,21 59:559:15 88:5,7,8,9,1090:4,4

difficulty 87:11,25dilemma 30:4,5 31:2

31:4,10,16,19,22,2332:4,6,7,10 33:1734:12,21 35:5,1036:6,9 50:22 51:351:11,15,21 55:2156:1 122:9,14,25123:2,3,21 164:23

dimension 94:11dimensions 94:16direct 62:7 92:25

101:25 128:4,9directed 106:5

[deceleration - directed] Page 8


directing 106:15163:7

direction 47:3 63:1130:3 134:24 156:1

directly 91:19121:19

disagree 86:18,25disagreement 116:4

116:7,14disciplines 7:17discomfort 73:21discover 94:2discovered 98:17discretion 87:18discussed 10:20

51:17 119:16152:17

discussion 98:4,12dismiss 63:20disobeying 109:1dissertation 86:6

110:15,16distance 14:12,18,22

14:25 16:16 19:6,1319:15 22:20 23:2424:15,22 25:20 26:626:8 28:15,17 29:1334:17,23 36:1740:25 52:23 53:1,553:12,15,17,19,2153:22 54:9,14,1857:4 58:3,6,7,2264:1,2 65:19,1967:5 73:17,22,22,2574:1,2 77:20 79:489:5 90:16,16,18,20121:23 124:18,24125:6,8,18,22,23126:2,3,12,16 164:6164:13

distribution 20:4diver 42:2diverse 42:16diverted 32:20

divided 13:19 48:7division 1:2 58:12

123:12 154:24155:17,20

doctorate 6:10,116:13 7:9

document 10:1511:23,25 12:4 21:470:11 83:9 84:1285:4,9,14 86:11101:18 109:10116:22 117:3 119:9119:21 120:18134:12,13,19,21137:1 140:10 146:5148:20 155:9

documentation112:15

documented 142:2147:19

documents 12:677:24 83:14,2285:12 115:17

doing 14:17 76:982:6 83:16 110:19130:4 153:22

dollars 14:20dot 20:1 55:13 58:12

63:14 65:14 86:188:21 98:10 116:23119:10

dot's 28:9,24 29:963:24 64:5 65:20

dots 81:12 157:19doubles 60:11doubt 61:15 95:25doubtful 97:25doubting 95:7downtown 157:5dr 7:8 11:13 12:4

21:1 22:13 23:926:15 28:20 49:955:8 68:1 76:1486:4 92:21 93:1299:3 100:1,6 104:23

105:10 110:3 127:7127:9 129:17134:19 136:5138:23 144:3148:25 155:24156:15 164:17165:18

draft 85:10drafting 85:12dramatic 46:21drastically 96:16

99:11 160:5draw 130:2 135:7

141:15 144:9145:11

drawing 57:12,1460:6,13

drew 142:3 143:5146:15

drive 1:16 17:226:15 36:24,25 41:796:21 100:13 149:5150:23,25 151:10152:2 154:11

driven 78:21driver 9:9,11 10:3,5

13:15 14:10 19:5,719:9,13,25 20:721:10,25 22:2,3,4,822:15,17,23,2523:12,14,23,24 24:124:14,19,22,2325:10,19 26:2027:18 28:10,12,2529:4,5,6,10,13 30:630:23 31:18,19,2232:8,19,20 33:6,1133:13,16,18,23 34:934:10,11,15,21,2135:2,4,5,10,15,2236:6,8,21 41:6,1242:15 46:9 48:12,1550:16 52:11 56:1856:24,24 57:4,2160:18,22 61:6,7,12

62:8,19,20 63:7,863:10,15,16 65:6,865:10,11,12,13,1566:2,19,20,22,2467:1 75:6,25 76:878:4,12,12,13,13,1478:16,18,22 79:2288:22,24,25 90:1390:17,21 96:5,8,15122:15 123:3,23124:5,16,17,22125:5,13,17 126:2,4126:9,11,12,14159:3,22

driver's 22:22 30:2137:2 39:4 57:1,2558:4 61:16 62:1465:24 165:2

drivers 8:12,18,239:2,6,11,23 17:3,1017:14,15,21,23,2419:17,20,24 20:1124:12 25:3,4,8,1325:21 27:16,22 28:732:24 33:4,19,2535:23 36:22 37:6,737:11 38:17,19 39:139:6,20,21 40:3,640:14,18,24 41:1442:21 43:8 44:14,1851:17 55:12,18,1955:22,24,24 62:1863:19,20 64:11,2165:5 75:12,25,2576:6,10,16,22,24,2578:23 79:5,7,9,1579:18 82:3 89:18,2090:8,10 91:4,7,995:4 96:3 100:20,23101:8,11 102:20105:9 108:12,18,19109:3,5,7 113:22,25122:22,23 123:1,21125:25 159:17,20

[directing - drivers] Page 9


drives 25:22driveway 27:24 63:2driving 17:14 28:14

36:9 38:13 42:1750:16 78:24 122:24123:7,21,24 158:14164:25 165:2

drove 125:25dry 33:1dual 57:15 60:2,9,14due 41:7,16duly 5:7duration 79:25 80:1

101:3 112:22,25113:3,6,7,16 119:22135:15

e

e 1:15 3:4 5:5 74:2474:24 143:20165:22,24,25 166:4167:24

earlier 24:9 53:13119:7 122:7 127:5143:15 157:22

early 159:9earth 52:16 82:21

83:4ease 103:3easiest 11:11east 46:3,7,9,24

47:22 48:10,12,1449:4,12 50:4,6156:23

eastbound 152:19easy 25:25 45:1 59:2edit 54:20edition 70:14 112:23

113:10 159:15editions 119:7

159:14,17education 6:14,22

25:10 110:8,10139:18 143:7

educational 6:22educator 116:3effect 8:11 44:12,24

50:12,16 92:5161:21

effective 43:7,8 45:945:13 46:11,17,2347:22 48:13,14 49:349:25 50:1,10 74:15

effects 27:5 33:341:25 42:6 45:350:14 84:18

efficiency 44:23egressing 26:17eight 44:5 99:8either 9:3 19:22

33:24 53:7 62:11,1562:16,21 66:20 75:885:12 105:17 124:2124:22 125:6127:14,20 161:21169:13

electrical 155:2,18electromagnetic

59:9eleven 49:12 148:9eliminate 36:10

51:14 97:22 123:20elizabeth 2:10 110:3embed 53:11embedded 37:10emergency 33:3emerging 26:16emissions 44:11empirical 88:2,12employed 86:1encountered 158:14encountering

158:23encounters 19:8ended 74:22ends 23:17 30:9

75:10engage 78:4

engineer 18:6 19:2,435:19 53:25 54:455:9 59:16 77:2082:1 87:20 110:25111:3,6 112:6 116:2122:8 123:4 124:13130:21 132:17134:1 135:23 137:9139:19 142:6 143:9143:9 145:4 152:14154:14 155:17,21

engineer's 59:17engineering 1:17

5:20 6:8,10,11,247:8,10,13,20 13:318:17 31:12 36:842:24 50:18 51:2,1051:14,16,20,24,2552:8 65:14 70:13,2175:4 76:12 80:6,6,880:10,22 81:19,2081:25 82:4,10,14,1583:17 92:6 93:2594:1,2 97:21 100:22105:1 108:19110:11,13,18111:18 113:1114:14,17 115:24116:17 117:20,21117:24 120:9,23122:10,23 126:20127:2,3,22 128:12128:14,21 129:2131:8 134:3,13138:6 140:19 141:8142:10 143:10147:12 148:15150:7 152:15153:19 154:4,15,25

engineers 10:1,1312:3 13:2 14:1917:1 18:10,17,2320:16 37:12 38:2444:25 52:4,9 58:2177:8,24 78:18 80:24

87:18 108:5 113:21114:6 115:6,13116:3 117:16,17,25118:9,18 119:3120:24 121:9,15,25122:5 124:19 125:2126:14,21,24128:24 132:9,23133:7,16 137:15,25148:5 149:9 153:16

ensures 8:22enter 26:8,12 62:8

65:4 66:23 104:12116:9 124:23 125:7

entered 109:3,5entering 26:22 58:4

65:7 124:4,25125:18 156:6 160:4

enters 62:21 159:22entire 28:23 70:25

164:16entitled 10:11 12:1

85:4 154:23entrances 26:17entry 22:23 65:11

89:1envelope 48:17environmental 5:20equal 13:14equals 43:16 103:22equation 43:5 51:16

53:20 68:17,21,2569:1,3,9,20,21,22,2269:23 70:5 72:18,1972:20,22,23 73:1973:23 75:5 77:2189:9 90:5 98:15116:10 119:1120:11,19 121:20121:24 163:7,23,23

equations 73:11,19equipment 59:6,9equivalent 22:4eroding 114:3

[drives - eroding] Page 10


errata 167:18 168:1error 71:23 93:25

94:9,18 124:8,10errors 94:3especially 78:25

84:7,15 89:20establish 115:17estimate 46:2 48:17

58:1 59:25et 44:23event 127:11 169:13eventually 65:6

84:12everybody 44:6 48:3

50:3 83:4 120:14evidence 77:1 88:2

88:12 100:4 128:17exact 19:15 65:1

73:18exactly 19:13,18

27:18,19,20 28:1228:14,15 48:5 54:1595:13 102:17125:11

exam 115:1,4examination 3:6,8

3:10 5:10 110:1156:13 167:15

examined 5:9example 18:24 32:8

41:6 96:2 99:5101:21 119:10124:13

exceed 17:4,24exceeding 31:18

32:9 33:7exceeds 33:14 35:5excel 91:19 93:24excellent 6:19 114:2excerpted 71:5excerpts 70:15,16

70:18,22,23 74:7111:10

excess 59:23

excessive 84:17excuse 19:3 35:8

104:19 117:16118:23 120:20126:15,22 133:14136:11

exercise 41:16exhibit 3:15,18,19

3:20,21,22,23,24,254:1,2,3,4,5,6,7,8,94:10,11,12,13,145:25 6:3 10:1811:12,18,25 23:1930:12 34:15 35:1246:20 51:11,2253:15 55:4 58:968:2,10 70:9 72:573:7,15 74:6 83:684:13,25 85:10,1485:16 86:13 89:1391:12 96:20 101:22101:23 102:4,5103:5 105:10 106:7106:18 107:9108:17 109:8111:12 113:10116:25 117:2 119:6123:10 126:23127:6,6,7,8,11,25128:1,3 129:1,5,8129:17,19 131:13131:23 132:1,3133:3,22 134:3,8,11134:11,16,25 135:7135:12,13,18,25136:2,5,7 137:3,6,9138:6,20 139:12,22139:25 140:3,5141:7,10 142:1143:14,14,17,18,25145:16,25 146:2,5,6146:11,13,16147:13 148:19,22148:25 149:2150:16,24 151:20

151:22,25 154:12154:13,20,20,21,21154:22,22,23156:15,18,19 160:7160:10 162:19,23

exhibits 3:13,1667:11,23 101:20131:17 134:8,10165:16 166:5

existed 126:11existing 128:7exists 42:12 62:25expect 8:20,24,24

14:23 24:1 37:742:22 77:15,16,1779:20 161:20

expectation 37:7expected 159:3experience 35:25

36:22,25 37:11 39:439:20,21 78:21 79:285:6 97:15 110:8116:1 121:24139:18

experiences 18:23experiment 88:9expert 58:16 93:13

110:5expires 169:25explain 123:17,18explanation 72:21

73:1express 68:7 107:11expressing 90:1extend 44:4extending 41:25

42:1extension 150:11

152:12extent 96:13extra 48:2 78:14extraordinary 24:5extremely 161:16

f

f 1:21 169:6,22faced 30:21fact 37:4 51:21 64:7

76:21 98:16factor 23:6factors 52:17 61:21

87:14 101:7 128:16facts 27:4 99:18

100:4fall 114:11false 93:2,4familiar 10:1,10

12:4 30:1 37:1438:9,10 45:11 52:2256:8,11 59:17 68:269:23 70:2,11,13,2571:4 78:10 83:10109:10 111:13114:8,16,20 115:20117:6,15 120:8130:24 132:6134:19 136:5138:23 148:25149:8 157:13,14,20

far 9:15 20:4,931:13 47:13 56:1960:19 61:8 63:2573:11 77:3 116:14117:4,20 123:8128:24 132:17164:11

farm 37:18 38:844:3,17 45:11 91:1591:25 99:6 103:7135:5 136:9,18138:13 139:1 140:7142:4

farther 60:11fast 164:25faster 35:8 55:25

56:2,2 125:25 165:2faster's 35:8

[errata - faster's] Page 11


fault 32:10fax 10:25 11:3,8,10

11:12,14february 100:14feedback 101:6feel 8:21feeling 118:2feet 13:18,20 19:15

21:5 22:15,16,17,2223:12 24:6,16 27:1927:20 28:13 29:131:21 32:21,25 33:233:4,16 34:11 36:1840:9,11 56:20,21,2159:24 60:4,11,14,1960:20 61:9,10,1564:6,10,12,18 65:265:3 73:18 74:1133:13 137:22140:23 147:5148:10 153:9 156:5

felt 72:24 119:4field 50:18 59:18

61:23 88:3,11101:25 128:4,9

fifteen 136:16fifth 28:22 29:3

128:1,3figure 76:17,20file 64:8 112:9final 86:12finally 148:18

154:18find 14:22 19:17

32:9 33:21 56:393:22 98:18 135:14

finding 56:1 95:22fine 56:13 153:13

162:7finish 27:9,10,12

36:6 59:14 66:11,1280:11

finished 80:14109:12,13,16,17162:1

finite 57:3first 5:7 12:3,7,17

13:15 22:9 25:2,2130:16 34:14,1735:12 42:18 51:2354:16 68:25 69:171:21,22 74:11,2183:19 84:4,4,9 85:288:11 94:10 96:2099:5,9 100:24105:21 106:6,9,13106:23 107:3 111:9123:14 142:23143:15 155:5 156:7156:7

five 54:24 62:474:16 83:6 84:19101:22 102:5105:11 109:20119:18 149:23153:21

flashing 8:23 80:182:11 95:12

flipping 113:4floor 1:17flow 30:2fly 46:1,15follow 18:11 76:11

77:11 108:16112:16 122:11130:2

followed 107:18143:19

following 40:6 112:6follows 5:9foot 23:23 65:5forbidden 41:7force 84:11 85:20

86:3,9,10 87:5118:13,14,16,19,20119:15 120:7153:25

forces 101:25 128:5128:10

foregoing 167:15169:8

forget 40:17forgiving 117:10form 6:25 8:6 12:23

14:14 15:11,14,2120:13,22 21:15,1623:2 29:8 32:1236:15 47:5,16 52:152:12 53:2 54:155:15 57:23 58:1860:25 69:12 72:1276:2,18 82:17 85:1486:20 89:2,14 94:597:8 99:17,23 100:3103:16,24 104:15105:18 107:22108:21 132:6,8,16162:14 163:3 164:9

formal 6:22forms 132:10formula 12:15 13:7

13:9,12 14:3,8,1614:17,18 15:10,2416:9,12,15,21 18:219:5,12 20:24 21:622:1 23:13 24:1025:18 26:24 27:128:19 29:12,1831:15,17 33:17,1853:10,11,14,15,1853:19,20,22,2355:11,18,19,20 56:159:2 68:8,8,1569:16 71:15 75:1277:6,8 79:17 80:2581:9,15 82:5 84:2,984:15,23 87:16,21101:23 106:16,17107:6 116:5,14120:6 123:12,13,14123:18,20,23,24,25124:1,9,14,16,17,21126:13,22,22 127:1131:9 133:20 143:3

153:6,7 163:24formula's 104:7

124:5forth 169:8fortunately 25:25foundation 93:7

107:23four 28:21,21 29:3

32:1,3 38:14 44:446:19,22 47:1949:18 69:21,22,2272:19,23 91:1494:23 97:1 99:7103:11,21 104:10105:3,4 106:3107:20 119:11,23153:21 166:3

fourth 85:4frame 95:13 119:18friend 15:18 145:2front 18:16 26:17,18

40:9 51:6 136:12138:16

full 43:11 57:15,1960:2,13 71:12169:11

fuller 85:24 86:7fully 72:25function 159:19further 11:1 16:13

19:17 107:16165:12

furthermore 17:10

g

gain 36:24gained 36:22gap 62:11,15,17,22gas 44:11,23gazis 29:22 34:13

35:11 50:23 51:384:9

general 1:1 113:11114:16 118:8 134:3

[fault - general] Page 12


generally 13:16 31:431:10 32:18 37:1153:8 54:17 83:22,2484:21 120:4

generated 91:21generous 32:16

118:3geometric 39:14

83:9 99:1,15 119:9119:20 157:21

geometries 63:18geometry 102:19give 10:25 22:8 27:7

37:6 41:19 45:1948:21 54:19,2165:15 75:24 109:12136:13 162:2,16

given 9:3 24:7 45:1146:24 71:18 91:3

gives 75:1 76:5giving 107:4glad 87:2,8go 6:19,20 7:12 8:7

9:7 10:5 11:9 14:515:10,13 17:2119:22 21:1,2 25:127:12 29:14 36:1538:18 40:4,10 41:1446:11 49:25 52:1354:22 55:16 58:2464:11,18 67:3,6,1567:17 69:18 70:872:19 74:12 75:1676:3,19 79:14,2384:8 85:3 87:1492:5 95:7,8,20 97:498:1 99:18 100:4,9103:5 104:10,21105:17 107:9108:16 109:8,15,22114:25 120:5121:21 128:2 135:9135:12,13 140:10144:12,17 160:7161:19 162:14

163:4goal 50:20goes 60:10 85:18

88:3 94:19 98:23116:14 159:13,16

going 9:15 12:1015:9 16:24 17:1321:21 23:4,21 24:1424:16 25:4 26:327:7,16,18 28:3,535:2,15 36:6,1737:19 39:17 40:3,640:25 43:12,20 46:949:6 54:11,12 55:2556:18 57:1,25 58:461:17,25 63:1 65:2478:11 80:21 81:2284:22 88:17 90:17103:11,13 104:21107:3 108:1,5112:16,17 125:14126:10 128:15,15129:23 131:3,12134:2,10 135:25138:8 139:21141:10 143:13,15143:16,18,22 144:9145:24 149:10152:11 154:11158:1 159:19162:13 164:1,4,18

good 17:13 18:119:22 28:6,16,1833:19 34:1 35:1938:23 51:18 56:361:17 62:1 66:875:8,13 79:17,2297:19 103:4 105:9112:7,15 116:12122:3,10,16,22127:18,22 128:21138:6 141:8 142:10143:10 145:2147:12 148:15152:15 154:14

161:24gotten 59:22grab 67:15 158:1grabbing 101:4grade 13:22 21:23

24:19 33:13 37:2460:17 61:6 63:2364:23 123:16132:25 137:18142:20,21,23,25143:2 152:23

gradual 100:25gradually 107:20graduate 115:5graph 91:21,23 92:1

92:2,6,8,16 93:7,994:10 96:23 97:9,997:10 98:22 100:11103:6 107:15

graphs 94:3gravity 13:23 52:16great 18:24greater 24:10 55:12

77:3,12 106:12green 31:1,7 41:13

41:13 43:7,9,9,1945:9,14 46:11,1747:22 48:13,1449:25 50:2 56:2360:21 61:12 66:574:22 79:1 98:25102:19 113:23159:5 160:3,21,21

greg 85:24ground 98:11group 82:3 157:18grow 44:13guess 26:11 41:17

45:12 54:12 61:2361:24 64:9 72:18,2287:10 108:11 118:4152:8 160:17164:20

guidance 74:1579:25 80:3 111:21

111:25 112:3,4,6,10112:12 113:2,5,15113:17 114:5

h

h 39:16ha 93:24half 49:2,13 50:1

97:3,7 99:9 110:17hand 18:4 126:10

130:8 163:17handbook 70:14

71:1 115:24handwritten 134:21

134:22handy 30:12,14hang 60:1 64:7,8

130:6 156:19happen 41:21 95:11

96:19happened 78:13

94:12,13,14 100:14100:18,19

happening 97:18happens 60:15

100:21 112:10hard 37:12 40:12

44:25 80:13 81:1395:22

harm 161:24harmful 33:3he'll 11:14headed 156:23heading 60:3headings 111:21hear 5:14 162:7heard 29:19,24hearing 26:11hedge 79:13held 112:12helen 1:21 169:6,22help 68:5helpful 152:24helping 9:22

[generally - helping] Page 13


hereinbefore 169:8hierarchy 112:19high 8:20 39:17 40:4

42:3 84:15 90:7106:11 128:6 144:5144:10 145:9,12146:8,12 147:21

higher 16:4 17:823:16 35:17 43:1371:16 76:21 79:9106:12 119:3 128:7128:11,12

highest 112:1highlighted 144:11

144:12highly 95:17highway 20:16

42:13 43:3,15102:20 157:17

highways 39:15154:24 157:21

hill 158:23hinting 88:13history 35:25hit 40:11hits 126:2hold 56:14 84:14

136:11 138:11157:25

holding 165:4,5hope 24:1 25:3hopefully 66:5,7

78:24 107:10hour 21:8,11,11,13

22:1,3,5 23:1,16,2324:16,21,21 33:1234:8 35:16,21,2436:4,12,16 39:11,1840:4,11,13 41:644:8,9 45:11,19,2146:12,24 47:1,2,448:13,15 49:13,2554:5 55:9,10,1356:17,24 57:8,2258:2,14,15 59:11

60:16,23 61:5,1363:9,9,22,23 64:464:23 65:7,23 74:484:16 87:17 90:7,1790:23,24 91:6 98:798:8,15 105:22106:2,11,15,19107:2,5,7 119:2,4120:14,22 121:7124:16,22 125:5,6125:14,15,20 126:1126:1,11 132:19,21137:13,14 140:16140:17 142:7,8146:23 147:25148:2 150:12156:16,23 163:21164:3,5,19 165:9

house 144:6,10145:9,12 146:8,12147:21

huge 28:6human 52:17 101:7humans 82:21hummer 1:15 3:4

5:5,19 7:8 11:1312:4 21:1 22:1323:9 26:15 28:2049:9 55:8 68:176:14 92:21 93:1299:3 100:1 104:23105:10 110:3 127:7127:9 129:17134:19 136:5138:23 144:3148:25 155:24156:15 164:17165:18 167:24

hummer's 100:7hundred 9:21 14:19hundreds 14:20

81:12hypothesis 94:21hypothesize 21:23

34:12 107:15,17

hypothetical 21:1822:8 49:10,15,1764:21 66:1

i

idea 92:22 102:17112:15 155:24156:2 165:10

ideal 19:25 28:10,2429:9,10 88:21

identification 70:972:5 74:6

identified 111:12identify 11:23 67:15

80:24 129:14 130:3134:23 139:10

illegal 33:7immediate 92:7,7implementing

127:10implied 88:4implies 61:16

106:15 107:6implying 28:9important 8:17 54:8

70:5,6 113:18 114:5121:18 161:16

impossible 60:5improvements

95:10impulsive 92:7include 7:17 31:5

60:4included 71:9including 37:3incorrect 98:14increase 99:10increased 96:25increment 127:9,10incremental 127:13

127:21 128:13incrementally 102:1

103:2 108:10 128:5128:10,19

increments 107:21indecision 31:11indicate 132:16

154:7indicated 115:11

129:21indicates 119:11

120:19indication 31:1,8

110:16individual 77:25

84:24individually 1:6

32:5 167:2industry 133:6infinitely 63:3infinity 16:25information 5:13,15

9:2,9,11,12,23 13:217:17 37:3 59:1970:1 79:15 112:5,18152:22

initial 13:25 14:516:11,16,19,19,2021:13 22:24 54:1189:12

initially 86:14initials 147:16inset 101:23inside 34:19,20,22installed 95:12instance 17:24 44:2

61:24 79:5 81:8114:25

instinct 97:14institute 9:25 10:13

12:3 115:13instructs 43:15integrate 17:16

52:17integrating 9:12

37:2 39:7intend 96:18 126:24intended 25:11

62:20 85:15,19

[hereinbefore - intended] Page 14


104:7intending 16:7

80:17intends 60:18 61:7

64:24,25interest 69:16interested 149:19

169:13interesting 93:22internal 117:3international 85:18interpretation 72:1

82:7 85:11,13interrupt 80:17interruptions 24:18

80:18intersection 8:19

9:5,8,19 10:4 14:1315:1,13 17:21 21:1421:24 22:2,6,10,2324:23 26:6,9,12,2228:18 29:14,14 30:630:21,25 31:6,933:12 34:24 35:337:14,24 38:10 39:839:21,23,24,2540:22 41:13,15,1643:1,6,13 44:7,1344:19 45:10,2246:12 50:3 56:9,2060:19 61:7,8,1063:13,17 64:1,12,1964:22,24 65:2,3,4,865:11 66:23 77:1978:9,10 89:1 90:2290:25 91:24 93:1994:13,16 95:3,11104:4,12 108:2,4,12109:4,5 122:17124:3,23,25 125:8125:18 126:4,17128:25 137:4139:23 143:5153:24 154:6 156:6156:24 159:23

160:4 161:12,12162:9,17,21 163:18164:5,7 165:9

intersection's 34:8intersections 25:4

34:1 37:9 39:1061:22 71:20 77:2584:24 90:3 93:15,17128:18

interval 12:11,2113:14 18:7 26:2429:3 30:22 38:14,1538:16 46:20 48:1653:11 55:10,11 68:968:15,19,19,22 70:474:18,21,25 75:177:5 78:15,17 80:180:2 94:23 97:1,799:11 105:12,22107:19 112:22,25113:16 119:7,8,12119:19 120:19123:9 124:14,21125:20 126:13,20127:1,14,15,20160:12 161:2,15,16162:12 163:2,16,24

intervals 10:12 12:242:7 47:3 58:1082:10 83:12 85:6101:20 113:3,6115:22 118:24120:12 121:25123:10 150:18161:20

introduce 67:11introduction 70:3introductory 16:12investigation 107:17involved 20:11

85:12 86:3,9isolation 95:9 97:17issues 50:19ite 9:25 10:4,6,8,10

12:25 21:9 22:1

23:13 25:18 30:1331:15,17 33:17,1834:15 53:10,1455:10 68:8 70:1475:4 77:5 80:2581:9 84:1,9,14,2385:16,17,22 89:13106:16 115:11,12115:20,25 116:4117:11,12 118:13118:22 119:1 120:2122:1 123:14 131:9153:6 163:24

ite's 12:20 13:1 17:726:23

iteration 54:16iterations 83:10

j

job 1:25 59:7joseph 1:15 3:4 5:5

5:19 167:24journal 85:16,17,22judge 51:20 52:4

82:9,13,24 98:18,20judge's 52:5judgment 9:15

18:17,22 59:16,1980:6,10 81:20,2582:7,15 108:6128:14,15,24152:22

july 94:24 102:10120:23

jump 94:8jumping 94:17june 135:2 138:9

139:2jurisdictions 121:3justice 1:1justification 112:8

k

keep 23:15 27:545:1,2 102:22116:12

keeping 77:22key 26:13 112:24kick 79:21kildaire 37:18 38:8

44:3,17 45:10 78:1191:15,25 99:6 103:7107:12 135:1,5136:9,18,19 138:9138:12,13 139:1,4140:7 141:8,13142:4 162:10,22

kind 9:18 37:338:20 40:15 63:181:14 83:16 84:1388:13 89:18,23 94:994:17,18 97:25102:19,25 116:20158:6

kinds 9:23 14:2126:22 44:21 52:1962:18 90:3 100:21

kinematic 68:9king 2:11know 8:19,24 9:14

9:16,18 11:14 13:314:6 18:9 19:15,1919:19 21:19 22:1124:2,4,4 27:23 28:629:22,24 30:1731:13 33:21 34:735:22,24 36:21 37:437:10,16 38:17,2339:20,20,21 41:1742:1,21 44:22 45:1448:5,6,8,12 50:552:17 58:1,3,559:14 60:15 61:2162:3,17 63:11,13,2165:14 71:7 72:2,372:24 73:4,11 77:1577:22 78:2,3,6,879:2,4 80:14,1581:15 82:20,2285:13 86:3,6 87:1587:24 88:5 89:4,21

[intended - know] Page 15


90:2,6,8,10,21 91:191:2,8,22 93:894:10,15 95:11,1395:24 96:17 97:1897:23,24 100:6,18101:12 102:4,25103:18 104:18105:3 107:24,25108:2,3,7,11,12,12108:13 110:3,6111:4 115:4 116:7116:14,20,21 117:4118:4,20 119:16120:5 127:7 128:24128:25 129:9 130:2130:20,23 132:9134:12 141:16,21142:20 144:25145:3 150:1,2,2,9154:6 156:3,9157:10 159:13161:21 164:18,20165:7,23

knowing 103:11knowledge 82:2known 150:10knows 50:13

l

l 69:4 129:13labeled 91:15laboratory 158:12lack 42:10,22 45:5

107:23lag 77:6 78:3lagging 110:15lane 27:25 28:2

40:19,19 56:21,2357:2,3,6,10 59:2560:2,9,10,14,20,2260:23,24 61:9,13,1461:14,15,18 62:1,362:3,6,8,15,21,2563:5,10 150:23

lanes 40:18 57:15,1960:7 62:4 106:10

large 50:16 77:2596:13 102:24

late 95:14laughter 75:17,20law 18:9,9,10 52:4,5

52:6 63:8 82:24109:1,7 112:2 150:4150:6

lawn 162:5laws 21:9 22:19

52:15 53:23 82:1282:15,20,23 83:3

lawsuit 112:11,17128:19

lawyer 63:11lead 76:25 78:2leading 110:15leads 44:13 79:8learned 165:19learning 36:25leave 23:7 87:16,17

104:2left 11:13 16:2 18:4

19:1 35:3,14,2436:3,23,24 37:18,1937:24 39:9,16 40:540:15,18,19 41:1041:14 46:6,7 47:1,247:25 48:3,10 50:751:12 56:18,21,2256:23 57:2,3,5,1057:15,19 58:13 59:459:25 60:2,7,9,1060:14,18,20,21,2360:24 61:7,9,11,1461:14,15,18 62:1,362:15,21,24,25 63:363:5,15,19 64:2465:6,11,13,22 66:266:18,20,22,2578:10,11 88:18,2289:10,18,19 90:1190:23 91:5,25

105:13 106:10,22106:22 108:14110:15 118:25119:12,22,23120:13,20,21 121:6123:13 125:4,13126:10 129:23130:8 131:3 132:14132:17,21 133:23134:1,2 135:4 137:7137:15,16 139:4140:13 141:8,13142:4,8,9,10 144:10145:12 146:17,21147:21 151:9 154:9154:9 160:11,24162:10,22 163:17

legal 62:21 63:8150:9

legally 41:17 52:6165:9

length 8:14 13:1329:2 53:21 57:15,1557:19 59:25 68:9116:6 118:23,24120:12 121:5127:13 148:15152:16

lengthening 113:20114:2

lengths 37:4lenient 117:10,14

118:5level 101:10,12

112:1,3,14levels 101:1liable 112:12,17library 12:7licensed 110:25

111:2,6 116:2130:21 135:23145:3

life 26:23light 7:21,23,23 8:4

8:12,15,18 15:14

24:12 30:2 34:1846:11,18 48:13 65:474:25 75:1,24 79:190:13 108:17 115:9122:18 124:24125:22 126:3,5,7156:1,8 159:20,21159:23 164:11165:6

lights 96:4 108:23126:17 159:10

liked 72:21likelihood 28:5limit 16:6,22 17:5

17:20,25 18:5,8,1918:25 19:5,7 21:821:25 22:24 24:1524:17 25:22,2327:19 28:15 31:1832:9 33:7,14 35:635:15 38:18 41:5,1541:17 56:17 60:1761:5 63:9,15 64:564:12,18,23 66:2274:4 77:18 78:2590:22 98:6,7,16121:4 124:15149:10,15,21,25150:2,3,5,9 156:16156:22 157:10163:13

limit's 55:8limited 98:21limits 17:6 41:5line 62:10,12,13,16

62:17 84:14 88:1689:11 139:3 141:20164:12 168:2,2

linear 50:10,14 99:299:16 100:15

linearly 98:24lined 41:10lines 16:9 116:19lisa 131:16 143:16

143:18 146:19,20

[know - lisa] Page 16


147:11listed 9:20literature 20:5

39:13 52:22 97:21little 61:16 80:13

82:7 103:2 118:12123:18

live 38:1 157:1,3lived 38:3,7lives 8:21local 18:22,22 81:13

82:1 87:18 128:16128:24 150:6

localized 82:8locals 108:14location 53:24 59:1

88:24,25locations 106:11lock 81:14long 35:25 36:10

39:4 41:15,18 42:842:25 43:19 44:1556:20,21 57:1060:15 61:15 63:373:18 74:1 82:20113:22 161:5

longer 17:13 27:543:13,17,25 44:1,1365:10 85:14,23

look 9:17 11:11,1412:12 30:16 35:2037:21 45:6 50:2551:5 57:17 68:1272:4 73:13 74:1478:8 81:10 83:684:25 85:2,3 87:591:12 92:3,20 94:294:3 96:20 97:998:2 105:20,21111:9,20 116:9,22117:2 119:19 123:8130:19 137:3141:11,12 142:1144:3,24 145:23147:15 151:19

154:5,7,12,18 162:2162:17

looked 12:6 66:578:25 115:23120:16 129:22136:10 152:21153:20,24 159:4

looking 37:3 46:256:15 59:21 70:371:10 74:24 79:2487:3,8 88:16 91:1492:8 94:11 95:20102:2,4,6,9 105:10105:24 118:17136:24 152:13154:13 156:15160:11

looks 59:22,23 60:391:2 92:20 100:13

loops 59:9lori 1:5 5:13 37:15

38:13 46:18,25 47:347:20 48:15 78:9103:9 162:9,17,20164:4 167:1

lose 42:21 43:144:19,22 49:1250:11

loses 50:3loss 43:11,11,14,16

43:22,22,24 44:1,744:10,21 45:17,1845:24 48:8,18 50:10

lost 45:24lot 9:11 44:17 63:17

63:18 77:15,16,1677:17 90:5 97:12108:2 165:19

lots 44:24 89:17128:16

lower 18:25 49:1890:11 112:14 121:4

m

m 143:20machines 82:21mailed 165:22main 77:24maintain 114:6maintaining 66:21

126:6major 42:9majority 19:21 28:7

89:17 105:9making 9:6,19 14:4

14:11 35:20 40:2048:9,9 62:2 90:11108:9 123:22129:23 132:14143:10

manage 42:15121:21

mandate 26:23maneuver 9:18 57:4

62:2,14 126:10manual 18:11 39:13

42:12 43:3,15 74:780:5 111:10,13,16112:20 130:24131:6 135:19139:14 144:21145:20 150:20151:6,16

map 59:23march 96:25 98:20

100:14 105:11106:21 107:1

mark 23:19 57:13129:1 134:7,10138:8 139:21141:10 143:13,15143:16,17,18145:24 148:19

marked 5:24 11:1755:3 67:22 68:170:8 72:4 73:7,1474:6 129:4,17

131:22 134:15136:1 138:19139:24 141:24143:24 144:4 146:1148:21 151:21154:19

market 25:7marking 6:2 62:12

131:12 134:11135:25 140:10151:19

markings 62:7,9,11martineau 2:10,11

3:9 5:16 6:25 7:4,118:1,5 10:15,2111:13,22 12:23 13:814:14 15:11,18,2120:22 21:2,15 22:723:2,10 24:24 27:929:8,15 32:12 34:1636:13 37:16,20 47:547:16 48:23 49:650:24 51:5 52:1,1253:2 54:1,22,2555:15 56:13,1457:23 58:18 60:2564:13 65:16 66:1167:11,13,19 69:6,1270:15 72:10,1273:10 75:15,18,1976:2,18 80:11,1582:17 86:20 87:189:2,14 92:15,1893:6,16 94:5 97:899:13,17,23 100:2,8102:2,8,11 103:16103:24 104:5,15105:13,18,24107:22 108:21109:15,18,23 110:2110:4 129:7,9,16131:12,16,20,25134:7,18 136:4,14136:17,19,23 137:2138:8,13,17,22

[lisa - martineau] Page 17


139:21 140:2143:13,22 144:2146:4 148:18,24156:22 157:25162:3,7,13,18,20163:3,17 164:9165:13,15,24 166:4

master's 110:10material 114:23

115:2materials 122:13math 7:18 46:1,15

48:20 49:6 88:22,23124:8

matter 23:6,7 28:1763:10 64:16 78:15

maximum 80:4113:7

maynard 135:1,4136:9,19,20

mean 7:22 8:4,9,1023:6 45:20 49:7,1249:24 61:8 62:469:6 73:3 74:2592:14,18 93:16 96:2105:20 113:25121:17 123:4131:19

meaning 68:24,2569:2,4,5,9,10 74:1974:23

means 16:19 24:1324:13 25:9 44:167:1 111:24 128:13

meant 18:20 26:7measure 53:25 54:5

59:10 60:5 95:22measured 36:5,12

58:17,19mechanism 101:6median 62:23meet 74:16 105:1

113:17 117:20,21120:22 127:1,22132:22 134:5

meeting 56:7,1859:22 60:3 105:6129:3,12,13,21,24131:3,14 132:5,14134:2 160:12

meets 131:10member 10:2

115:11 116:4118:14

members 115:15122:1

memory 10:22mention 18:3mentioned 23:25

27:15 32:17 98:24mentioning 61:25mere 99:7,9merge 27:24messages 96:12met 29:24 86:9

134:3 153:18methodology 82:5michigan 1:18 5:1

5:21 6:17,18 110:11157:4 169:2,24

mid 84:7middle 62:5 68:12

71:11 74:14 114:12158:6

mile 38:3 63:2384:16 107:5 156:16

miles 21:8,11,11,1322:1,3,5 23:1,15,2324:16,21,21 33:1234:8 35:16,21,2436:4,11,16 39:11,1840:4,10,12 41:655:8,10,12 56:17,2357:8,22 58:2,14,1459:11 60:16,23 61:561:13 63:8,9 64:464:23 65:7,23 74:487:17 90:7,17,22,2491:6 98:7,8,15105:22 106:2,10,15

106:19 107:1,6119:2,4 120:14,22120:22 121:7124:16,22 125:4,5125:14,15,20,25126:1,10 132:19,21137:13,14 140:16140:17 142:7,8146:23 147:25148:1 150:12156:22 163:20164:3,5,18 165:8

millette 1:6 5:1337:15 38:13 78:9103:9 164:4 167:2

millette's 46:18,2547:3,20 48:16 162:9162:17,20 163:18

mind 8:16 10:774:23 77:22 114:6121:17

mine 145:2minimum 8:14,22

9:6,14 59:25 80:4106:3 113:6 119:22153:4,5

minority 20:11minus 43:11,17

103:21 104:2minute 54:21 64:7

67:18 130:6minutes 45:13,19,20

46:13,14,16,17,2448:13,20 49:3,4,2550:1 54:23,24109:13,20

misrepresented99:18

misrepresenting99:24 100:4

missing 152:8,9misstate 155:13misstated 104:9mistake 98:17

misused 26:2mobility 58:12

123:11model 68:10moment 54:19 64:8

65:1monday 85:25money 44:23monitor 102:23month 91:24 92:13

92:20 93:19months 100:24moon 143:19 146:19

147:11moon's 131:16

143:16 146:20motion 21:9mouth 34:5move 57:2 94:5moved 114:11 157:3movement 9:18

26:18 40:23 50:583:25 84:6 132:12132:18 135:8,10139:3,5 140:11141:12 142:2,21143:4 144:9 145:11146:15 147:18148:16 151:3160:21

movements 150:15150:22,25 151:9152:19 160:24

moving 132:25mower 162:5ms.martineau 20:13multiple 28:20

75:14,16,23 76:15multiplier 13:22mutcd 18:12,15,20

42:11 81:23 111:24112:23 113:3131:10 159:13

mute 109:21

[martineau - mute] Page 18


n

name 5:12,18,19110:3 146:20

named 159:6nasty 45:3national 85:18nationwide 42:14nc 86:5 110:22

114:10,24 130:22ncdot 20:20 21:5

77:9 83:22,23 86:8102:5 106:4,5,13116:24 117:3119:20 123:12129:2 155:9

ncdot's 20:23 117:6155:6,10

near 54:18 56:1nearest 149:23,24need 9:9,13,14,15,16

9:18 21:19 24:825:10 40:4 58:461:2 66:23 69:7105:19 108:1115:17 141:11149:9 159:17

needed 71:17 154:7needs 9:1,11 56:24

128:23negative 41:25 42:6

45:3 84:18negotiating 88:18

89:10neighborhood 48:7neighborhoods

44:16,18neither 30:23never 19:19 33:14

35:5 42:17 94:895:6 101:17 114:21

new 17:14,14nice 17:15nite 77:10

nobody's 43:12nonscientific 92:8north 1:1 2:6,14

16:22 19:25 23:1431:7,21 35:13 37:1946:4,5 47:25 48:249:24 51:21 63:1363:14 78:11 83:1785:6,15,20 88:21111:3,4,6,6,8114:13,17 116:1,23117:17 118:7,13,17119:10 120:2,10,23121:1,14 122:5124:15,19 125:2126:13,21 127:3130:21 132:8,16,22133:6,16 135:23137:14,25 140:18141:12 142:11,18142:25 143:8 144:9145:3,11 146:25147:7,21 148:4149:9,23 154:23160:23,23 161:13162:22 163:12

northbound 91:25142:4 146:17 151:1162:10

notary 169:1,23note 58:13 68:20

73:17 101:24,25102:14 106:14,19106:21 107:1,5108:8 120:15 128:4128:9

noted 101:18notes 45:7 102:13

107:18 119:21134:21,22 162:2169:12

noticed 159:4,5noticing 66:6november 92:9

95:14

number 10:25 19:1550:20 51:12,12,2264:6 70:22 71:778:1 91:23 93:17,1897:4 98:23 99:8,11115:7 161:6

numbers 73:2492:22,25 149:23

o

o 39:16oath 167:16obey 52:4,6object 10:21 24:24

36:14 47:5 75:1576:2,18 162:13

objection 6:25 7:118:6 12:23 14:1415:11,14,21 20:1320:22 21:2,15,1622:7 23:2,10 29:832:12 47:16 52:1,1253:2 54:1 55:1557:23 58:18 60:2569:12 72:12 82:1786:20 87:1 89:2,1494:5 97:8 99:17,1999:23 100:3,3103:16,24 104:5,15105:18 107:22108:21 163:3 164:9

objectionable 100:5100:7

objective 80:5,981:16

observation 25:12observe 61:24observed 156:8obstacles 26:21obstructions 21:25obtaining 6:13obvious 89:24obviously 29:25

89:12,16

occur 32:3 42:2245:6,8

occurs 23:24october 1:20 5:2

106:7offhand 78:8office 93:23officials 157:18oh 23:22 30:15

46:14 80:15 84:19158:6 159:13

okay 10:21 11:1612:10,17,20 13:1214:12 15:4 21:824:11 28:20 37:2046:9,17 54:25 56:760:7 64:21 68:1469:18,19 70:1071:10 72:18 73:2,873:16 74:9 82:986:22 91:13,1793:22 96:22 99:5102:7,11 104:7109:9,23 110:25111:20 112:20113:9,13 114:16116:1 118:12 119:6120:8,18 122:22124:8 125:2,12,17128:2 129:15,22130:1,5,8,15,19,19131:20 132:8,12,15133:2,9,25 134:6,9135:12 136:25138:16 139:3 140:9140:14 141:10,20141:23 144:3,18145:11 146:18148:18 149:2,8150:19 151:5,11152:4,4 154:5,12,18156:3,20 157:13158:2 159:12160:10 162:24165:13

[name - okay] Page 19


old 155:20once 68:21,22ones 25:6 39:8 42:10

83:14 152:21,21153:24

onset 30:8operating 75:7

77:18 108:4 124:5operation 7:21

115:8operations 110:20

110:23opinion 27:16 55:24

64:21 73:12 95:5126:19 127:17,19128:22 130:23133:25 135:22,22141:6 143:7 146:25147:11 148:14152:14 154:13

opportunity 51:18oppose 82:15,20,23

83:3opposed 63:16opposing 164:15opposite 63:1option 111:22,25

112:13,14,16122:16

options 87:3,6,9order 9:9 20:8 39:18

67:14 88:25 127:21128:13 129:14149:9 150:1,3,7154:7 165:20

ordinance 150:4,6ordinary 21:24,24organization 10:2

13:2 39:15 85:17115:15,19

origin 159:12ors 31:25outline 155:5outside 162:5

overly 118:3

p

p.e. 1:15 3:4 5:5167:24

p.l.l.c. 2:4p.m. 109:24,25

129:6 131:24134:17 136:3138:21 140:1 144:1146:3 148:23151:23 166:6

package 95:10 96:1page 3:3,15 12:10

12:13 13:9 15:2416:2 18:2 30:1434:14 51:12,2353:14 54:7 68:1269:18 71:7,9,1074:10,11,11,12,1479:23,24,25 81:2085:2,4 86:11 89:1191:14,15 96:20 99:9100:12 101:15,15101:16 102:5,6103:6 106:18,20,20106:25 111:20112:24 113:4,5,10119:25 123:10,13126:23 128:1,3134:12,13 146:5,10146:11 147:15148:20 150:16155:5 157:24 158:4158:4,6,20 166:3168:2,2

pages 71:4 74:7 83:691:14 99:5 101:22105:11 113:4120:15

paper 23:19 29:2330:1,13 34:15 51:451:6 69:24 89:1390:9 97:19,25

paragraph 71:12,2186:12,13,15 88:4106:9 155:12

parameters 75:7124:6

park 107:12parkway 37:19 38:2

44:3 45:10 78:1191:16 99:6 103:7107:13 138:12,14139:2 140:7,13144:5 145:9 146:8146:12 162:10,23

part 10:18 18:3 31:636:25 43:7 58:1169:1,2 70:22,2394:6 95:15,18 96:199:4 113:10 121:18131:16 161:19,25

particular 12:15,1745:10 55:22,2257:12 59:3,4 82:2,382:5,5,6 91:24100:16 135:3158:21

particularly 71:19104:24 163:7

party 169:13pass 11:10 29:16,16

65:1 160:3passed 150:7passing 75:8 160:4path 41:12patient 165:18patterns 155:20paul 2:3 5:12 37:20pavement 17:15

33:1,2,13 62:7,9,1162:12

pay 113:25paying 32:19 69:25pdf 165:25pe 111:8 114:22,25

115:1,3,6 130:22

peak 44:9pedestrian 158:25peer 97:20,25pen 130:2 135:7penalty 108:18people 42:16,17

43:19 61:23 104:18104:20 106:15108:3 114:25

people's 104:18,19perceive 34:9 78:12perceives 28:25 35:6percent 16:24 19:20

19:24 27:1 29:4,5,645:23,24 46:3,4,5,646:8,14 48:7,11,1849:1 50:4,11,13,1350:13 62:19 75:2576:16,16,17,17,2177:3 91:11 104:11104:13 133:1137:19 142:21,23152:23

percentile 16:5 17:717:8 18:6 71:19149:20,22

perception 13:1617:19 19:10 20:1,725:9 28:13 32:1633:15 55:14 63:2466:7,17 67:7 75:681:1 103:12,22116:11 117:7,13,15117:22 118:1,10122:20 123:15,25124:20 133:3137:20 140:21142:14 147:4,5148:8,9 152:25153:8,12 158:18

perfectly 18:19perform 59:5,15performance 33:6

52:18 94:16

[old - performance] Page 20


performing 59:862:20

period 46:18perpendicular

60:17 61:6 64:24person 28:1 83:23

95:18 106:6personally 26:15personnel 106:14ph.d. 1:15 3:4 5:5

110:13 167:24phase 19:1 35:14

36:3 40:5 43:8,1143:16,21 44:1,247:25 50:7 65:22120:20 130:5,7,13130:16,17 131:2134:2 135:10,11,18139:6,7,12 140:11141:18,19,20,24,24144:15,16,17,19145:14,15,16,18150:17 151:1,1,1,2151:8,8,9,9,12,14152:7,18,18 153:5,5153:16,17 154:6,7,8154:9,16 160:11161:23,25

phases 36:23 44:4,549:23 106:22150:16 152:5,7,9,11152:16 153:20

phasing 49:22 130:9phenomena 101:18phrase 53:13phrased 29:18physical 95:3physically 63:19physics 6:15,16,21

6:21 7:18 12:2113:1,4 22:19 50:2252:10,15 53:2382:12,16,20,23 83:3

pick 76:4 90:6

picture 94:19piece 17:15 23:19pillar 42:13place 18:24 19:18

39:9 40:18 42:1848:4,6 50:15 54:956:8,18 57:7 59:3,859:22 61:20 75:5,1777:14 79:20 122:15160:12 165:1167:17

places 42:19,2059:16 63:18 69:1190:6 165:3

plaintiff 22:18154:20

plaintiff's 5:2435:12 51:11,22 68:170:9 73:14 84:2598:5 117:2

plaintiffs 1:8 2:8167:4

plan 37:21 56:1357:10,21 59:21 98:698:9,13 101:25128:4,9 129:2,20131:14 134:11,23135:1,3 136:10,23138:9 139:1 140:8141:4 143:16,19,20144:5,24,25 145:6,9146:9,14 148:20149:3,6,11 155:6

plans 92:3,4,4 111:5114:22 130:20143:14,18 155:2,11155:19,19,22

plausible 40:2441:20

play 18:24please 23:20,22,22

26:4 43:23 59:1486:23 110:7

plenty 105:1

plotted 137:5plug 77:9,21plugged 19:11

123:23plugging 73:23

106:16 120:11146:21

plugs 55:9plus 43:9,10,17 69:3

69:4point 12:18 14:4

30:17,18,19 32:934:14 35:11 41:2542:6,12,25 49:1850:9,24 51:12,2356:24 57:20 60:665:11 66:18 67:1079:8,14 90:14,15,1995:12 96:24 98:19100:17 104:9126:22 130:19

pointed 108:8police 41:19policy 39:14 157:20poor 33:5population 42:16

96:8,16 121:19portion 15:19posing 66:1posit 164:18position 76:9 108:10possibilities 29:3

32:2possibility 63:21

66:15 95:20possible 28:21,22

42:14 100:21125:12 164:23,25

post 150:5posted 16:5 17:9

24:17 33:14 38:1841:5 63:9 150:8

posting 150:4posts 63:14

potentially 31:19practical 17:2 27:2

27:6practice 18:17 21:5

35:13,15,25 36:842:24 65:14,21 75:476:12 80:8,22 81:381:16,20 82:4,1484:1,5,21,22 87:791:6 95:8 103:4105:1,2,5,7 113:1114:17 115:20117:7 118:8 120:9121:1,14,16 122:3,3122:4,4,10 127:2,22128:12,21 131:8137:14,25 140:19142:18 146:25147:7 148:2 149:14153:15,19 154:4155:1,6,10 161:7163:12

practices 51:2,10,1451:16,21,24,2552:20 80:6 82:1088:1 96:8 115:18117:20,21 118:17120:23 122:23134:3,5 138:6 141:8142:11 143:10147:12 148:15149:25 152:15154:15 155:23

preceding 79:23precise 20:6precisely 58:3preface 82:12prefer 72:17preliminary 85:10prepare 68:5prepared 72:7 86:2

98:8preparing 66:4prescribes 10:6,9

[performing - prescribes] Page 21


present 5:15presumes 19:12pretty 25:25 33:5

60:5 80:9 81:16prevent 33:21previous 10:20

22:21 26:2 69:2498:5 105:5

previously 24:1873:19 105:3 158:17

principal 150:23principle 103:5principles 7:14,17

113:14printed 6:2prior 39:4 58:22

120:8,15,17 155:15156:6

priority 8:20 50:19probabilities 27:18probably 9:20 14:19

38:12 41:23 57:1,857:9 58:24 59:1961:17 66:2 74:1083:13,18 84:3112:16 159:5,16160:2 161:5,6,9,9

problem 26:14 30:1131:21 159:20,22159:25 160:1164:16

problems 7:15procedure 90:2

154:2procedures 12:12proceed 9:5 10:3

14:25 15:15 21:1221:12 22:2,3,5,9,2423:15 24:13 30:9,1030:24 33:24 34:2434:25 51:19 56:2,456:25 65:3,9 73:675:9 103:13,14,22122:17 124:3 126:4164:7 165:8

proceeding 23:15104:3

proceeds 15:7process 40:3 54:11

54:16 101:8 153:23profess 25:14profession 81:3,11

83:25 97:15 108:8115:16 116:17120:4

professional 27:1539:12 78:23 111:3,6115:5,19 116:2117:16,16 130:21135:22 145:4

professionals 78:21professor 6:7 7:8

83:17 92:5 94:1110:18,22 111:17

profile 91:2programming 155:2

155:18project 97:19

110:12,14projects 115:7 116:8prominently 115:24promote 18:20

96:11 115:16promotes 17:22promulgated 115:21proper 75:2,11,24

76:5,11,24 77:2125:8 127:12

proposing 49:11,15protected 19:1

35:14,23 36:3,2359:4 65:22 119:12120:13 160:17

provide 14:23 27:2113:22

provided 10:1676:23 93:14 105:8

provides 16:1529:12 113:5

providing 13:2,377:2

psychology 101:7public 169:23publication 10:8,10

12:22 85:16 115:25118:22,22

publish 115:17published 85:21

97:20 119:8pull 20:5 21:4punish 108:18punished 108:19purdue 6:11 110:13purely 161:1purport 93:8 134:22purported 97:10purporting 92:15purports 83:8purpose 7:25 8:6,13

8:14,17 26:13 94:2198:12 125:4

purposes 8:16 98:4pushed 91:20put 8:20 11:5,7 34:4

48:1 55:25 88:1090:5 98:11 100:2114:21 141:15,20160:6 163:8

putting 52:19 99:19

q

qualified 83:23quantify 76:14 88:5

88:8quantifying 87:11quarters 78:6question 7:1,6 8:7,9

12:4,20,24 13:714:10,10,15 15:1215:14,16,17,2216:13 20:14,23 21:121:16,17 22:14,2123:3,6,9 24:14,2525:1 26:2,5,9 27:9

27:13 28:20,23 29:929:11,17,21,2532:13,22 34:12 35:436:11,14,15 41:846:10 47:6,8,17,1952:2,13 53:3 54:255:16 57:24 58:1960:16 61:1,3 66:1869:8,13 72:10,11,1372:13 75:14,16,2376:3,15,19 82:1886:21,23 89:3,1593:15,25 94:6,797:9 99:13,15,18,24100:3,5,7,8,9103:17,25 104:16104:23,24 105:19106:5 107:10,23108:16,22 109:14115:3 122:7 127:5128:19 133:23135:15 137:4 162:5162:14 163:4 164:3164:10,14

questions 11:254:20 74:21 109:19113:13 122:11156:10,21 165:12169:8

quicker 19:11,1124:9

quickly 21:10 80:20quite 20:3 25:16

32:16,18 42:3 50:1654:21 83:15 84:15100:20 112:12

quote 16:3 42:8,888:17 157:24

r

race 41:21radius 163:9,9rainy 17:12raise 49:17

[present - raise] Page 22


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rates 17:18 81:1116:10

reach 65:10react 24:9 31:22

34:9 44:15 100:23reacting 19:10

122:16 158:21reaction 13:16

17:19 19:10 20:1,728:13 32:16 33:1555:14 63:24 66:7,1767:7 75:6 81:1 92:894:10 97:13 102:24103:22 116:11117:7,13,15,22118:1,10 122:20123:15,25 124:20133:3 137:20140:21 142:14147:4,5 148:8,9152:25 153:8,12156:5 158:5,7,10,15158:16,18

reacts 28:25 35:6read 15:16,20 16:11

30:20 69:24 71:2,1386:17,22 128:2,5155:12 158:9167:15 168:2

reads 168:2

ready 109:22 112:9real 26:22 61:22really 6:18 19:14

22:15 32:17,18 33:540:12 41:4,8,2455:23 59:7 80:1783:18 85:19 87:2187:22 88:9,10 90:1100:9 103:12110:17 113:18,19113:25,25 115:18153:5 154:1

rear 44:14reason 32:20 42:12

45:5 62:24 112:7reasonable 45:2

52:11 126:19reasonably 164:7reasons 38:23 65:23

83:20 91:3 108:9161:24

recall 10:7 57:3127:8,11

recess 109:24recognize 81:9

129:19 132:1 140:3144:4 146:5

recognized 98:13recollection 120:16recommend 118:23

119:3recommendation

87:16 119:16,17120:2

recommendations87:7 116:13

recommended115:18,20 117:6,11117:12 153:16

recommends 23:14record 11:20,21,22

11:23 15:19 30:2054:23 55:1,2,667:17,20,21 71:1475:18 109:25

recorded 169:9red 7:23 8:12 15:2

31:8 43:10,17 47:647:13 56:5 58:1068:15,19,22 70:1,470:6 71:24 74:2276:22 83:11 85:587:6 96:4 101:19102:18 108:17,22108:25 115:3,9116:20 118:18121:22 122:18124:4,24 126:5,8,17127:14 132:10133:17 160:13,19160:19 161:3,14,16161:20,22 165:6

reduce 46:23 47:1257:21 66:7 102:1103:1 128:5,10

reduced 58:1 169:10reduction 99:10

104:14refer 73:22 157:22reference 43:2,3referenced 10:18referred 12:5 18:4

31:1referring 11:24 13:7

56:7 101:17 158:17refers 13:1 14:6

158:15regard 161:17regarding 78:19

113:13 116:5118:23,23 155:6

regardless 78:18related 53:1,7

110:21,24 169:12relation 164:13relative 67:4relatively 40:23,23

57:6relying 38:16,17

39:3 59:16

remaining 45:2454:20

remember 6:23 10:815:17 70:21 83:1483:15 127:16157:12 159:14

reminds 87:24remove 66:15 72:23repeat 36:11repeated 61:3rephrase 8:9report 10:13 85:14

85:23 86:2 112:9118:21

reporter 5:16 11:1715:16,20 55:3 67:22129:4 131:22134:15 136:1138:19 139:24143:24 146:1148:21 151:21165:18,20 166:1

reporter's 134:9represent 72:7

91:18 96:23 140:9164:2

representatives 1:7167:3

representing 92:23request 155:21requested 15:19

166:7require 127:21,23

128:13required 52:6 150:1

150:3requirements 52:10

74:16 130:24requires 112:2

150:6research 88:10

95:19 97:19 110:19110:23 111:19115:7,16 116:8,11

[raises - research] Page 23


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responsible 18:2352:9

rest 85:19 94:12restate 86:23 105:19result 71:16 99:16

99:16 112:16 123:6133:19,21 138:3153:6,11

resulted 84:12resulting 55:11results 34:1 46:21resume 5:22 6:1retained 93:12return 100:25returning 101:9reverted 101:12review 97:20,25

114:25 115:1155:22

reviewed 83:13,18135:3

reviewing 154:22right 8:5 10:7 11:6

11:15 16:9 18:1520:10 21:23 22:1724:12 26:15 27:1529:19,21 34:19 35:235:8 37:14 41:1142:9 45:17 48:2249:1,3,9,11,14 50:353:10 54:8,15 60:1262:17 64:9 70:2475:14 77:5 86:7

90:14 92:25 99:21102:17 106:8 108:3109:18 111:16117:4 120:3,3121:16,16 130:24138:17,18 143:23145:22 147:3,18156:10 160:17164:20

ripping 42:3road 20:16 24:4

32:23 38:20 44:353:24 56:17 60:1661:5 62:3 63:2364:13 76:9 79:6,1079:12 91:15,2592:10 99:6 100:23103:7 107:12113:17 122:15136:9 144:6 146:8146:12 149:19157:6 158:13,24,25159:18

roads 7:21 14:2117:2 25:13,15 27:239:14 84:15

roadway 30:5124:15 155:16,25

rob 146:13robert 143:20

144:25 145:1role 111:17 114:9

116:3,3roughly 45:22 48:6round 149:22route 64:11routinely 79:5ruling 82:24 83:2run 159:20,21 161:5running 88:2 96:4

108:22,25 115:9122:18

s

s 39:16 129:12safe 53:1,5 64:1

65:19 66:20 90:16160:2,2,2

safely 55:13 56:25104:4 164:8 165:9

safety 44:12,2447:14 50:19,2058:12 70:5,6 110:20110:24 123:12154:25 159:22,25159:25 161:1

sat 9:20save 73:6saves 8:21saw 83:18 93:23

109:11 122:13164:11

saying 32:3 34:1682:13 99:2 106:2

says 12:11 13:2116:1,4 58:12 71:1371:15 74:11,2199:21 101:24 106:9106:22 113:10120:21 128:3129:11 130:9,17

scale 57:14,18 59:2259:24 60:1

scan 102:16school 77:7 78:13

159:15sciences 101:8scientific 7:14,17seal 129:3 155:17sealed 111:5,8

143:19searching 10:7sec 102:16second 1:17 12:15

12:17 13:17,19,2020:21 21:5 25:827:20 28:14 29:1

31:21 32:15,21,2533:2,5,16 34:10,1134:11 35:7,9 38:1438:15 42:25 46:2547:11,12 48:1,2,1548:18 50:8 60:161:22 67:7 69:271:12 78:7 87:1088:16 89:11 91:1497:3,7 98:25 99:799:10 101:24102:13,14 103:6106:18,20,25107:21 108:11119:11 123:15127:20 128:20133:13 136:12,13137:22 138:11141:16 147:6,15148:10 150:16153:8,9,12 155:15156:5,20 157:25161:13,14 162:12162:19 163:2,16

seconds 13:14,1720:2,3,9,21 28:1228:13 29:1 31:2333:15 34:9 35:6,7,943:17,19 44:5,645:14,16 46:19,2046:22,22 47:19,2048:5,22 49:2,5,1249:13,18,18 50:178:12 79:6 80:3,4,494:23,24 97:1,2103:11,11,13,14,21104:2,3,10,11,20,25105:3,4,6,12,12,23106:3,23 107:20,20113:7,8 117:7,10,11117:13,19,22119:23 124:19,20125:9 130:18131:11,11 133:4,5133:22 135:17,18

[researcher - seconds] Page 24


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section 58:11 83:9113:14 118:13119:9 120:2 123:11157:6,11

see 6:5 7:2 16:1321:4 22:13 34:1738:18 42:7 46:2158:25 59:24 61:2369:20 74:16 85:686:14 88:19 90:1392:1,2 94:18,1996:14 100:9,11,22101:11,14 102:13107:11 111:22116:24 119:12,24127:23 129:17130:8 136:16 145:6147:16 152:7 155:2158:4

seeing 27:23,24 88:394:12,13,14 101:12

seen 12:5,8 42:1852:24,25 53:5,758:13 66:5 71:13,1572:21 73:9 78:2583:13 92:6 93:20132:2,7 144:7

sees 13:9 90:14semester 114:11send 11:1sense 14:8 29:12

153:25 159:21sentence 16:12

71:21,22 87:10

112:24 128:6155:15 157:24158:5,7,9,21 159:7

sentences 71:14separate 105:16

106:22 120:20separated 63:19series 116:8seriously 159:18serve 110:5session 119:20set 17:6 28:11 41:23

114:22 149:21169:8

sets 109:7seven 84:20 99:8

126:22shape 40:22 100:15

100:16sharp 57:7sheet 105:21,24

106:6,9,13,25 107:9109:3 129:14133:19 136:8,24140:6 145:24 146:7152:13,20 153:3,15167:18 168:1

sheets 106:1,4 107:3152:1

shift 40:19shopping 56:9,19short 37:10 60:20

61:10,16 114:24shorter 19:10 85:21shovlin 10:17 11:25

30:13show 25:25 57:10

68:1 73:7,14 74:692:5 98:22 133:2,19135:25 152:4,23,25153:4

showed 73:10 119:6141:4

showing 93:9

shown 53:14 126:22126:23 133:22135:16 138:5139:11 148:16150:23

shows 41:13 46:2188:23 92:16 97:1097:10 107:5 116:22116:23 132:19133:21 141:25150:17

side 16:2 20:4 23:739:17 40:4 45:1263:2 64:22,22 65:165:1 90:7 106:8118:6

sides 68:17sign 20:17 61:5

79:13 129:2 150:8,8signal 8:19 10:11

12:1 14:23 19:8,1619:18 20:8,17 30:231:17 36:2 37:2141:13 43:8 44:348:4 52:9 56:1357:10,21 58:1159:21 92:3,11 98:698:13 110:9 111:4111:18 114:14,17114:22 115:2,8,8117:17,25 118:9,18120:9,24 121:9,11121:15 122:5,17123:4,11 124:4,13125:2 126:14,21,24127:3 129:2,20132:23 133:7,16134:11,23 135:1,3135:23 136:10,22136:23 137:25138:9 139:1,19140:8,19 142:10143:9 144:5 145:9146:9,14 148:4,19149:3,6,8,11 152:14

155:1,6,10,16,18159:5 165:3

signalized 43:5signals 14:21 17:2

25:16 76:22 83:984:4 88:2 108:25110:13,14,16,21,24115:8,10 119:9,20121:22 155:21

signature 166:7signed 111:5 130:20

130:22 143:19149:7

significant 20:11significantly 97:4

128:7,11,12signing 102:19signs 14:21 88:1

92:10 116:20similar 37:8 62:22simple 74:19,23

158:12single 76:8,9,9,10

88:17sir 156:10sit 61:22 79:9 108:3site 82:2situation 19:8 28:2

33:3 62:23 66:1388:21

situations 30:22160:1

six 80:3,4 84:20 99:8113:7 131:11

sixth 28:23 70:14skip 10:16 11:13,23

48:24 62:16,17,22100:9 113:19 129:9131:14

slight 31:9slightly 6:4 31:3

55:25slimmest 27:17slow 20:4 24:13,20

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[seconds - slow] Page 25


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sort 17:16 25:6 37:940:25 42:2 54:5,1279:20 84:20 85:9,1487:17 88:4 107:4112:1 120:5 153:22161:7

sound 49:9,13 50:1850:22 51:2,10,14,1551:24 61:19 82:1482:15

sounds 49:3sources 9:24 37:3south 2:12 46:5,6

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154:11southbound 60:2

151:3 160:23,24southwest 136:20space 30:5,7 63:4,4spartans 6:19,20speak 29:24 83:20speaking 31:4 32:18

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120:6,10,21 121:4,4122:18 123:15,24124:4,15 125:9,14125:19 126:6 128:6132:17,19,20,20,21137:11,12 140:14140:17 142:5146:20 147:23,23149:10,15,17,17,21149:24 150:1,3,5,9156:16,22 157:10162:11 163:1,8,8,12163:13,15 165:4,4,5

speeds 15:13 59:1071:16 84:15,1694:15 123:21149:18

spikes 94:3split 45:25spot 113:24spreadsheet 91:19

93:24square 30:17squared 13:21 21:6

27:21 28:14 29:231:21 32:22 33:1,233:5 133:13 137:22140:24 148:10153:9

ss 169:3stab 106:6stabilizing 84:20stable 96:9staff 11:14stam 2:3,4 3:7,11

5:11,12 7:2,6,7,168:3,8 10:17,24 11:511:9,16,24 12:913:6,11,24 15:3,1516:8 20:19,25 21:721:22 22:12 23:5,823:18 27:11 29:2033:10 34:19 35:136:20 37:18,23 38:547:7,10,18 48:25

49:8 51:1,7,9 52:752:21 53:9 54:3,1954:24 55:6,7 56:656:12,16 58:8 59:1261:4 64:15,17 65:1866:9,16 67:17,2569:8,17 70:17 72:1172:15 75:17,20,2175:22 76:13 77:480:13,16 81:18 83:586:24 88:15 89:790:12 92:17,1993:10,11,18 94:2098:3 99:14,20,25100:5 101:2 102:3102:10,12 103:20104:1,8,22 105:15105:20 106:1 107:8108:15 109:2,16,21110:6 111:12 119:6122:7,9 129:1,15131:15,18,21136:11,15,18,20,25138:11,15,18143:21 151:24156:12,14 158:3162:1,4,8,16,19,22162:25 163:6,19,22164:14,22 165:14165:17,22 166:2

stamp 114:22stand 115:12standard 13:23

14:18 31:12 36:742:24 43:3 75:476:12 79:25 81:384:1 91:6 103:4105:1,7 111:21,25112:1,4,21 114:16115:3 121:1 122:4,4123:14 132:22133:6,15 137:14,24142:17,25 146:25147:7 153:14,18,19154:3,25 155:10

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stopping 14:18,2214:24 15:8 19:1325:20 29:13 34:1734:23 36:17 40:2553:1,5,15,17,19,2254:9,14,18 64:265:19 67:4 73:22,2574:1,2 77:20 79:389:5 90:16,20124:18 125:6,19,22126:2,3,12 164:6,13

stops 80:16straight 23:3,4

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street 2:5,12 38:247:25 56:7 59:2160:3 63:2 129:3,21129:24 132:14

streets 157:21strength 112:19stretch 149:19strike 19:3 93:4 94:6

127:18 146:18157:13

strong 112:5,13struggle 44:25students 94:1

111:18 114:14,24115:5

studied 6:14 159:15studies 70:21study 54:11 58:23

59:5,8,15 112:8149:17

stuff 44:12subcommittee 86:14

87:3subdivision 38:8subject 27:13 52:22

167:17substance 6:5subtracting 45:15succeeded 96:13successful 112:17successfully 121:21suddenly 96:4,5sufficient 66:19suggest 28:21 73:3suggestions 77:10suite 2:13summer 114:15superior 1:2support 112:13,18suppose 18:9 22:17

33:11 35:2 38:1355:8 96:15 161:11

supposed 28:1962:14 87:5 106:14

supposition 35:21sure 11:3,8 12:19,25

16:14 18:18 27:1230:15 31:10 33:1836:22 37:23 38:2339:2 41:17 44:1946:3 49:11,16 52:2553:8,18,22 54:656:14 58:13 60:163:12 67:4,13,1970:6,7 72:6 74:2075:3,19 79:7 81:2283:7 85:1,13 89:1791:13 97:23 103:8103:10 105:5109:21 110:10

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surprise 39:1surrounding 9:17surroundings 9:13survey 18:6 25:14

79:6suspicion 161:23switch 60:23 61:13sworn 5:7system 42:13 159:19systems 154:25

t

t 13:15 39:16table 3:1take 16:17 17:13

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taken 1:16 48:1109:24 169:7,12

takes 29:4,5,6 43:1948:3 65:10

[standard - takes] Page 27


talk 35:18 42:5 45:483:24 110:8

talked 17:22 18:2127:3 65:24 75:384:17 101:21 111:9118:12 137:24140:25 142:17,20159:9 161:17

talking 15:7 16:1019:24 20:23 27:1740:8 41:1 50:2561:20 64:13 71:2480:16 81:2 87:1198:25 101:15107:12 130:3,13132:5 140:12158:20 159:2,8161:8

talks 127:7,9tap 26:16taper 40:22 57:5,16

60:5 61:16 62:5,5task 84:11 85:20

86:3,9,9 87:4118:13,14,16,19,20119:15 120:7153:25

taught 114:15,22115:2

teach 94:1 115:4teacher 114:21teaching 110:19,23

111:17,19 114:9,13technical 7:15technology 33:22

59:7 76:8telephone 2:3tell 13:8 26:4 48:21

49:2 70:18 74:18,2485:19 86:17 92:3129:10 137:9154:13 164:10165:17

tells 153:15

ten 38:3 149:24tend 163:12tends 96:8tenths 107:21term 7:10 9:25

13:15,17,19 14:616:19 26:9 31:1252:23,24,24,25 53:568:20,21,25 73:2174:3 101:5,6 123:15123:15 158:19159:6 163:14

terminologies165:23

terminology 90:20terms 13:14 43:6,6

68:20 73:2 150:2,4159:25

test 10:23 88:3testified 5:9 85:24

104:17 117:3146:24

testify 5:7testifying 127:12testimony 15:18

139:17 167:16testing 88:11tests 158:13text 15:24th 135:2thank 6:7 18:2

26:11 71:10 156:10165:13,14,17

thanks 42:9 144:15theme 102:22thing 8:17 11:12

17:9 26:13 38:2142:23 47:15 50:971:2 76:10 78:2294:22 95:17,2197:23,23 98:19100:17 116:20149:4 153:6 160:20

things 9:21 14:2221:19,21 62:18

76:24 78:2,19 79:1379:21 94:2 96:9,1597:17 102:23 108:2112:1,3 115:6161:10 162:16163:9

think 6:23 7:4,5,910:6,20 15:4 16:622:10 24:12 25:2526:3,5 30:12 34:437:11 38:8 39:541:9,18 42:4,1046:7,15 53:4,7,1357:12,13,18 59:163:17,22 66:1867:11 71:22,2374:20 80:7 82:1983:24 84:3,6,1185:11 86:7 87:12,1988:3,12 89:6,24,2589:25 91:3 96:298:24 101:6 105:15105:19 108:9,19109:13 116:16117:19 119:24120:14 121:7 127:6131:15 147:16152:10 153:2 158:4159:14,15,24 162:1163:5

thinking 31:25 98:1121:18 162:9

thinks 7:5third 12:18 13:4

30:16,19,23 34:1435:11 45:5 51:2369:20 79:8 106:20106:25

thirty 46:3,14thompson 10:12thought 45:20 87:5

120:4 153:23thoughts 80:20three 16:9 38:15

43:6 46:20,22 47:20

49:18 51:13 72:2072:22 78:6 80:3,492:14 94:23 103:11104:2,11,25 105:6,6106:2 107:3,20113:7 130:19131:10 153:20

ticket 41:20tickets 93:17tight 39:9tighter 39:19till 157:3time 8:22,25 9:2,6

12:7,12 13:5,1614:9,24 16:15 19:1020:2,7,24 21:6 24:725:18 28:4,13 29:429:5,6,12,13,1831:17 32:16 33:1533:24 34:5 38:2141:23 42:18 43:7,943:9,10,10,11,11,1143:14,16,22,22,2444:1,6,16 45:16,1745:18,23,24,25 46:346:4,5,6,18,18,2347:21 48:3,14 49:449:19,25 50:2,6,1551:16 53:10,1454:16 55:14 63:2465:10,15,15 66:7,1766:23 67:8 71:17,1771:24 75:1,11,2476:5,11,24 77:2,677:19 78:3,14 79:1481:8,15 83:8,19,2184:6 86:1,2,5 89:2191:23 92:12 93:1994:22 95:5,9,13,2297:18 98:21,25102:1,18,18,19103:2,3,22,23104:12,12 105:8106:17,23 108:1114:4,13 115:2,3

[talk - time] Page 28


117:8,10,13,15,22118:1,10 119:18122:8,20 123:15,25124:20,22 125:7126:7,15 127:20128:5,10 129:23130:16,17 131:2,13132:4,5 133:3,21,23134:2,4 135:4,14,15135:18 136:8 137:3137:5,10,20 138:4,5139:11,22 140:6,15140:18,21,22 141:1141:2,23,25 142:9142:14 143:2,10144:19 145:18,24146:7,8,11,21 147:4147:5,9,13,24 148:4148:8,10,11,16151:2,3,11 152:1,13152:25 153:4,8,12153:13,16 154:4,15155:25 156:5,7,7158:5,7,10,15,16,18159:1 160:25161:25 164:6167:17

timed 19:9times 13:20 17:19

18:18,21 25:4 27:527:5 28:7 35:1437:5 42:1,20 45:2348:21 76:7 79:18,1981:1,4 84:17 91:895:20 96:7 99:8116:6,11 118:18121:5 125:3 128:7,8128:18 132:10133:17 137:16143:1 150:13,19,22151:5,16 152:16157:6

timing 8:17 12:1118:25 36:2 49:2287:6 115:2,8 130:16

130:17 135:14146:14 150:17

today 73:9 122:13159:2 161:18163:15

told 51:7top 12:11 113:5topic 110:17total 53:6totally 93:1 165:10touched 54:5tough 113:24town 1:10 58:16,21

91:20 93:1,12 94:2596:21,24,25 98:8,13100:12 107:17108:5 110:5 149:4150:10 151:10154:10 157:8 167:7

tractor 121:23traffic 7:20 9:17

18:12 30:2 31:1235:19 37:12,2144:21 46:24 47:2349:4,12,24 50:1852:9 53:24 54:455:9 58:25 60:1770:5,6,13,20 74:774:15 78:18 80:2484:3 98:6 100:22108:5 110:8,12,14110:16,21,24 111:4111:11,14,16,18112:20 113:14,21114:14,17 115:24116:17 117:17,25118:8,17 120:9,24121:9,15 122:5123:4 124:13 125:2126:14,21,23 127:2129:2 130:25 131:7132:23 133:6,16135:19,23 137:25138:9 139:15,18140:19 142:10

143:8 144:22145:21 148:4 149:8150:20 151:6,17152:14 154:24155:1,16,17,18,20155:21 159:18160:16,22

trailers 121:23training 6:22 143:8trans 165:24,25

166:4transcript 3:16

165:21 166:3167:19 169:11

transcription169:10

transition 103:3transportation 9:25

10:13 12:3 50:2058:11 81:13 110:20115:13 123:11154:24 157:18

travel 15:12 16:1660:22 61:13 63:864:25 125:7 156:1

traveled 157:6traveling 19:7 47:20

47:21 55:12 61:2064:22 124:23 125:5150:14

traverse 65:18treat 113:23trekkers 82:22trend 120:4tried 157:22tries 25:24truck 77:13 78:13

79:5,8,19,21trucks 77:6,15,16,16

77:17 78:1,20121:10

true 66:22 93:2 95:695:6,8 106:1 154:5169:11

truth 5:7,8,8truthfulness 167:19try 20:17 45:1,2

58:25 87:20 96:11102:22,23,25 103:3104:25 114:6115:16

trying 29:18 37:642:17 54:10,1758:15 72:25 77:2280:19 87:12 104:10108:13 113:24116:12

tubes 59:9turn 19:1 35:2,14,24

36:3,23 39:9,16,1940:5,5,7,13,16,18,1940:20 41:2,22 42:346:6,7 47:1,2,2548:3,10 50:7 56:956:18,18,21,22,2357:2,3,5,6,7,10,1557:19 58:3,4 59:459:25 60:2,7,9,1060:14,18,18,20,2160:23,24 61:7,9,1161:14,14,15,18,1962:1,9,11,15,21,2563:5,19 64:24 65:2266:1,4,20 86:1188:19 89:10,18,1989:21,23 90:8,11,2391:5 106:10,22110:15 113:9119:22 120:12126:10 132:17,22133:23 134:1137:16 140:13142:4,10 146:17,21151:9 154:9,9 156:8160:12 163:9,17

turned 78:9 95:1101:17 125:22126:5,7,17 156:1,7

[time - turned] Page 29


turning 37:18,19,2439:10 41:10,14 63:363:15 65:6,11,13,1565:24 66:2,19,2267:1 88:22 90:1091:25 106:11125:13 154:10162:10

turns 36:24 39:944:22 54:14 58:1362:12 63:1 65:4105:14 118:25119:12,23 120:13120:20,21 121:6124:24 125:4 126:3165:6

twenty 146:23148:19

twice 32:17 42:20two 6:16,20 13:14

13:19 34:3 41:442:9 43:17,19,2444:5 45:6,7,1656:20,20 60:7,1961:9 62:24 63:564:21 69:10 71:4,1472:19,19 92:12,1495:1 99:5 106:1107:9,21 109:12110:17 134:12,13143:14,18 146:5148:20 155:19162:16

type 26:21typical 16:21 45:23

48:4 75:5 77:10,1277:14 100:25 120:6120:17 149:13,14

typically 35:16,2136:3,18 121:9149:21 165:1

u

u.s. 43:4

un 109:21unc 110:19unclear 106:13

107:4undergraduate 6:14

6:20 115:5understand 21:10

29:17 42:5 61:372:25 73:2 82:987:22 99:2 104:9159:21 160:11

understanding18:10 21:3 23:1124:6 41:4 49:2081:25 85:24 104:24113:15 118:7149:13 153:10161:18

understood 18:4undoubtedly 159:4unexpected 158:21unfortunately 33:20

33:22 101:10uniform 18:11 27:6

37:6 74:7 102:23111:11,13,16112:20 130:25131:7 135:19139:15 144:22145:20 150:20151:6,17

uniformity 8:1817:22 18:20 27:342:11,14,23 45:577:23 96:11 161:8

uniformity's 42:18unimpeded 41:12unit 155:22universal 113:21

116:18universally 102:20universe 82:23university 5:21 6:12

110:12 114:10

unsafe 160:5unsuited 59:7updated 6:3 155:7updating 155:10upper 123:13 130:8upstream 36:18

60:15upwards 114:23usage 74:5usages 20:1use 9:2,21,22 16:22

17:2 18:7,17,2521:5 26:23 31:735:16,17 36:9 39:1343:2,8 52:24 53:1653:17 63:6 75:379:15 81:6,8 84:1284:22,23 101:8106:15,23 107:6111:16 117:12,17118:5,9 119:1,1,3119:11 121:3,7122:1,21 125:20128:8 132:9 133:1,9137:11,11,12140:21 142:25147:3,23 153:7,13154:2 163:8,12,14

users 113:17uses 19:2,4 131:9usual 74:3,5 95:8usually 65:23

121:13 158:22

v

v 13:25 14:3,9 18:719:2,9 53:20,2554:5 55:9 68:2069:1,3,4,9,14 89:989:10,12 98:14

value 55:9 69:677:21 87:17 90:698:14 104:16 120:6120:10,17 131:3,4,6132:21 147:9 148:7

values 71:16,18 75:5116:9,13 128:8131:9 153:3,10154:3

vanishingly 66:1595:19

variable 69:1variables 68:24

87:12 88:6,8variety 15:12 53:16various 152:5vast 19:21 28:7

105:8vehicle 9:4 10:11

12:1 13:17,18 14:114:1,4,10,22,2415:8,8,10,25 16:116:15 17:14 19:432:8,22 33:6 52:1879:11 88:18 89:10121:19 126:11158:24

vehicle's 16:1vehicles 15:12 16:24

17:4 32:24 41:10velocity 13:18 16:1verbiage 17:7verification 167:13verify 92:24version 85:10,21

101:23 111:14119:11,20

versions 119:10versus 110:15

111:25,25vertical 163:9view 79:10,11,12violate 26:23 52:15

76:25 77:1 112:9128:21

violated 109:7violating 63:7 76:22violation 112:11violations 97:4

98:23 108:17,22,25

[turning - violations] Page 30


109:1violators 92:13 99:8

99:12visits 59:18vitae 5:22volume 157:20vs 1:9 167:5vulnerable 112:11

w

w 69:4wait 100:2 105:16waiting 56:22 60:21

61:11wake 1:2walking 158:25walls 93:24walnut 56:7 59:21

60:3 129:3,12,12,20129:23 131:2,14132:4,13 134:2

wannabes 115:6want 15:15 22:8

24:24 34:3,4 42:544:19 50:9,24 51:552:16 54:6,22 56:1258:24 63:11 73:189:22 94:18 100:17107:16 109:15,20129:1 148:18164:17 165:22

wanted 41:24 111:9134:23,24

wanting 80:22wants 22:2 60:18warning 7:23warns 8:12waste 44:23,23wasted 43:12 44:6wastes 44:10watch 58:24,25watched 59:18water 101:4way 28:19 29:17

32:15 33:11,21

42:24 48:1 51:853:13,17 56:3 62:2463:5,5 76:1,7 82:688:1 92:24 98:20104:7,25 160:6163:23

wayne 1:16 5:20114:10 169:4,24

ways 34:4 44:21,2587:13 121:20

we've 9:2 10:2041:22 59:22 101:5120:16 123:14137:24 141:24142:17 159:8 161:8163:14

wednesday 1:20 5:2week 107:21weeks 6:5 100:24weigh 38:24went 6:18 46:20

93:23 94:23 98:19153:1

west 2:5 46:4,7,9,2447:22 48:10,12,1449:4,12 50:4,6139:3 141:7

westbound 135:4137:7 140:13152:19 154:9160:22

western 149:3150:10,14,15 152:2152:12 156:23

wet 17:12 33:2,13white 62:12,13,15

62:16wide 53:16wider 71:19widespread 81:5width 60:2williams 2:5window 162:6wise 115:7

wish 17:5 96:4withdraw 105:17witness 3:3 5:6 7:13

11:3,7 12:5,2513:12 14:16 15:1715:23 20:15 21:3,1823:11 25:2 29:11,1632:14 34:20 36:1638:1 47:9 52:3,1453:4 55:17 56:1557:25 58:16,16,2061:2 65:17,20 66:1369:9,14 70:16 72:1476:4,20 80:19 82:1986:22 87:2 89:4,1692:17 93:13,20 94:897:12 100:11103:18 104:6 106:4107:25 108:24110:5 136:22141:17 144:14158:2 162:24 163:5163:20 164:21166:7

wonder 56:8word 26:2 31:25

35:9 80:7 103:1words 15:7 16:11

18:15 32:1 34:443:10 69:3 81:2399:22 123:23

work 28:10 37:1252:15 61:21 63:483:16 110:12,14163:23 164:2

worked 105:8working 85:10works 28:6,19 34:2world 85:19 116:17worldwide 42:14

115:15worried 44:17 47:24worse 161:7,10worth 14:20

write 70:19 143:22writing 129:11written 96:6wrong 50:15,15

79:20 98:14 136:12165:1,1

wrote 70:12,20118:21 129:12

y

y 13:13,14yeah 12:25 16:14

21:18 25:2 29:1630:15,15 32:1437:11 42:9 46:1447:9 53:4 58:2061:2 64:9 65:1769:14 70:6 71:272:18 86:5 92:2,1092:22 93:20 102:17104:6 107:25108:24 111:19113:18 115:23117:12 123:2 128:2131:18 132:7,7,11132:11 135:13144:5,12 154:22158:6 160:20 163:5164:21 166:2

years 14:20 25:1236:24 38:3,6,1378:21 83:16,16,1784:3,6,20 97:15110:18,22 114:23115:1 116:9 155:19

yellow 7:21,23 8:48:12,15,18,22,2312:11,21 13:5,1315:1,13 16:15 18:719:8,18 20:8,2321:6 23:13,17,2424:12 25:9,15,18,2025:21,24 26:13,2427:5,5 28:5 29:2,1229:18 30:8,9,22

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31:8,17 34:18,2335:13 36:2,10 38:1438:16,21 39:5 41:2341:25 42:1,7,20,2543:10,13,16,18,2544:4 45:2 46:1947:2,12 48:16 50:651:16 53:10,11,1455:10,11 58:10 62:962:10,10 65:5 68:968:19,21,21 70:171:16,25 72:1 74:1874:21,24 75:10,2377:5 78:15,17 80:180:2 81:8,11,1582:10,11 83:11 84:484:5,17,23 85:587:6 90:13 94:2295:9,12,25 97:1,799:10 101:19102:18 105:11,22107:19 112:22,22112:25 113:3,6,16113:16,20,22,23114:1,2,4 115:2,21116:6 118:18,24119:11,22 120:12120:19 121:5,11,25122:8,17 123:9124:14,21 125:3,19125:22 126:3,13,20127:1,14,20 128:18129:22 130:16,17131:2 132:10133:17,21,23 134:1135:4,14,15,18137:5,10,16 138:4,5139:11 140:10,15140:18 141:2,23,25142:9 143:1,2,6144:12,19 145:18146:21 147:9,13,24148:11,16 150:13150:17,22 151:2,3,5151:11 152:16

153:4,5,16 154:15156:1,8 159:1,9,10159:20,21,23 160:3160:5,12,18 161:2161:13 162:12163:2,11,16 164:11165:11

yellows 37:4yep 72:1 120:7

127:16 145:2,5147:22

yesterday 73:1083:13,19 109:11

z

z 143:20zero 14:7 16:25

21:23 37:24 60:1761:6 63:23 64:23133:1 137:19142:21 152:23

ziemba 143:20144:25 145:1146:13 148:14

ziemba's 147:16zone 30:4,5 31:2,5

31:10,11,16,19,2231:23 32:4,6,7,1033:17 34:13,21 35:535:10 36:7,9 55:2156:2 122:9,14,25123:2,3,21 164:24

zones 50:23 51:3,1151:15,22

[yellow - zones] Page 32


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Page 167




4 Plaintiffs,

5 vs. Case No. 10-CVS-019930

6

7 TOWN OF CARY,

8 Defendant.

9 ________________________________/

10

11

12

13 VERIFICATION OF DEPONENT

14

15 I, having read the foregoing examination

16 under oath consisting of my testimony at the

17 aforementioned time and place, subject to the changes

18 in the attached errata sheet, do hereby attest to the

19 correctness and truthfulness of the transcript.

20

21

22

23 _____________________________

24 Joseph E. Hummer, Ph.D., P.E.

25 Dated:

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